How to Win a Personal Injury Case

A personal injury case involves a person's claim for monetary compensation for the result of another's negligence. If you attempt to navigate Florida law and negotiate with insurance representatives without a knowledgeable lawyer, you could lose out on valuable compensation for your injuries.

As with all civil lawsuits, injury claims start with the filing of a complaint. The document identifies the parties involved, outlines the cause of the injury and details what compensation you are demanding.

Medical Treatment

As part of your injury case you must undergo regular medical treatment. This is a crucial aspect of establishing your seriousness and the extent of your injuries in order to get an appropriate settlement for your claims. There are a variety of situations that could hinder you from keeping and making your doctor's appointments. This includes illnesses that are not related such as work commitments, travel issues, and many other factors that could hinder your routine appointments with your doctor.

Generally, any significant diagnosed illness or injury should be documented at the time of diagnosis, regardless of whether medical treatment is suggested or postponed. Cancer, chronic irreversible disease such as fractured or cracked bones and eardrums punctured are considered to be significant diagnoses to keep records of.

Certain procedures are not considered as medical treatment, including examinations, X-ray examinations, and hospitalization for observations. HIV and HBV antibodies tests related to exposures in the workplace, and counseling for mental stress are also ruled out. Medical treatments include wound care, multiple soakings in whirlpools, antibiotic therapy, and treatment with whirlpools.

However, gaps in medical treatment should be avoided to the maximum extent that is possible. Insurance companies may take advantage of a lack of uniformity of treatment to prove you are not as injured as you claim. This is why it's important to record every visit, symptom and medical bill for your injury.

Documentation

Documentation is a vital element of any injury case. The more documentation you give to your lawyer, whether you're in a car crash or truck accident, or other incident that causes injuries, the easier it is for them to prove negligence on your behalf.

Medical records are essential to showing the severity of your injury. These records include medical invoices, receipts for medications and other treatments, such as physical therapy and imaging studies such as MRIs or CT scanners.

A written incident report that is prepared by law enforcement on the scene of the accident is important evidence. Also, you should take photos of your injuries and the scene of the accident at various angles and distances to capture as many details as possible.

Lastly, any lost wages must be documented using the employer's written confirmation on the company's letterhead, stating the number of days or hours you've missed because of your injuries. Your lawyer may also consult an economist or a life-care planner to estimate the future losses you may incur as a result of your injury, and to prove the need for compensation. This type of expert testimony can be very powerful in a personal injury lawsuit. The more documentation that you have, the more likely your attorney will be to successfully negotiate on your behalf a fair and complete settlement with the insurance company of the party at fault.

Witnesses

The role of witnesses is crucial in any injury case. They can be the difference between winning or losing your case. They can provide more evidence of the accident and their testimony can prove how the accident affected your life. The stronger your case is the more witnesses you'll have.

The first kind is an expert. An expert witness is someone whose education, training or work experience and injured the reputation in a particular field make them uniquely qualified to give an opinion on a subject during a trial. An expert witness could be an expert in the field of medicine, for example and can testify about the extent of your injuries and the treatment you will need in the future.

A doctor or another who can explain the injury can also be an expert witness. If you have an issue with your leg, an orthopedic surgeon could explain to jurors the reasons for what happened. Experts can also be used to explain why a defect in a vehicle can be hazardous or to help jurors comprehend medical issues.

A seasoned personal injury lawyer will know which experts to contact in the case. They can also locate the most reliable eyewitnesses. A professional lawyer can convince witnesses to sign an official statement. The lawyer can also make threats to file a lawsuit and issue a subpoena which is often enough to persuade witnesses to join a personal injury claim.

Social Media

It can be tempting for someone recovering from a serious accident to post on social media about how pleased they are. This could, however, harm your personal injury claim. Slate published a recent piece that provided real-life examples of how social practices of victims' media use can harm their court cases. For instance, if you're complaining of severe pain and suffering as a result of your injuries and post a picture of yourself smiling and laughing on Facebook or Instagram and the defense attorneys of the defendant will use that evidence to show that your claims of extreme pain are exaggerated.

In a personal accident claim the majority of your settlement is for non-economic damage such as pain and suffering. The at-fault party and their insurance company will use every evidence they can locate to decrease the financial amount of your claim. This includes your Facebook and Twitter accounts, profiles, photos, injured and private messages.

To stop this from happening, limit your use of social media and ask family and friends to do the same. If you plan to use social media, make sure you've got your privacy settings set so that only people you're connected with can view your posts. Your lawyer may advise you not to use social media while you're in court.