How to Win a Personal Injury Case
Personal injury cases involve the claim of a person for financial compensation due to someone else's negligence. If you try to navigate Florida law and negotiate with insurance companies without an experienced lawyer, you could lose the opportunity to receive a substantial amount of compensation for your injuries.
Like all civil claims, injury claims start with the filing of a complaint. The complaint identifies all people involved, outlines the harm done and outlines what you're requesting in terms of compensation.
Medical Treatment
You must receive regular medical examinations as part of your injury claim. This is important to establish the severity of your injuries and the magnitude of them to receive an adequate settlement for your claim. But, there are numerous circumstances that may prevent you from attending and keeping your doctor's appointments. This includes illnesses that are not related to your work obligations, transportation issues and other concerns that can interfere with the regularity of your medical appointments.
In general, any major medical condition or injury that is discovered must be documented as soon as it is recognized, regardless of whether medical treatment will be recommended. Cancer, chronic irreversible disease, fractured or cracked bones and eardrums punctured are considered to be significant diagnoses for record-keeping purposes.
Certain procedures are not considered as medical treatment, including examinations, Xray examinations and hospitalization for observations. Also excluded are HIV testing and HBV test for antibodies that are related to occupational exposures and counseling for the stress associated with them. However, treatment of wounds, multiple soakings, the treatment of whirlpools and antibiotics are considered medical treatments.
However, gaps in medical treatment should be avoided as far as possible. Insurance companies could use a lack in consistency of treatment to argue you aren't as injured as you claim. It's important to keep track of every visit, symptom, and medical bill that is related to your injury.
Documentation
Documentation is an important component of any injury lawsuit. The more documentation you give to your attorney, regardless of whether you're involved in a crash involving a vehicle or truck accident, or other incident that causes injuries, the easier it will be for them to prove negligence on your behalf.
Medical documents are critical for documenting the severity of your injuries. These documents include medical invoices as well as receipts for medication and other treatments, such as physiotherapy and imaging studies, such as MRIs or CT scanners.
Other important documentation is an incident report written by law enforcement officials at the scene of the accident. You should also take photographs of your injuries and the scene of the accident from different angles and distances in order to capture as much detail as you can.
Last but not least, you should document any loss of wages by submitting an official letterhead from your employer that outlines the number of hours or days you were unable to work due to your injuries. Your attorney may also consult an economist or a life care planner to estimate the future losses that you might incur as a result your injury, and to demonstrate the necessity to seek compensation. This type of expert witness testimony is extremely effective in a personal injury case. The more evidence you have, the more likely your injury lawyer will be able to negotiate on your behalf for a fair and total settlement with the insurance company of the at-fault person.
Witnesses
Witnesses are an essential part of any injury case. They can make or ruin your case. They can provide additional evidence about the incident and their testimony can show how the accident impacted your life. The more witnesses your lawyer has, the more convincing your case will be.
The first type is known as an expert. An expert witness is one who's education, experience and experience, as well as the reputation within a specific area makes them a competent to provide an opinion on a topic during a trial. For instance, an expert witness could be a doctor who can testify about the extent of your injuries as well as the treatment you'll require in the near future.
A surgeon or someone else who can explain your injury could also be an expert witness. For instance, if you are suffering from a leg injury an orthopedic surgeon can tell the jury how the injury occurred. Experts can be used to explain to juries how an automobile defect could be dangerous or to answer medical questions.
A seasoned personal injury lawyer knows the right experts to contact in an incident. They can also locate witnesses with the right credentials. A professional lawyer can convince witnesses to make a formal statement. Your lawyer may issue a subpoena or threaten to file a lawsuit that can convince witnesses to participate in the personal injury claim.
Social Media
It can be tempting for someone recovering from a serious injury to post on social media about how pleased they are. This could, however, harm your personal claim for compensation. A recent article in Slate did an excellent job of giving concrete examples of how victims' social media habits can affect their court cases. For instance, if you're seeking to claim severe discomfort and pain as a result of your injuries and you upload a photo of yourself smiling and laughing on Facebook or Instagram the lawyer representing the defendant will utilize that evidence to prove that your claims of extreme pain are exaggerated.
In a personal accident claim, a large portion of your compensation will be for non-economic damage such as suffering and pain. injury settlement cary of the at-fault party will use any evidence to decrease your claim's monetary value. This includes your social networking accounts, profiles photos, profiles, and private messages.
To prevent this from happening, limit your social media use and request your family and friends to do the same. If you plan to utilize social media websites make sure you set your privacy settings so that only those connected to you can view your content. In some instances your lawyer might advise you to not use social media in any way while your case is pending.