How to Win a Personal Injury Case
A personal injury case is a claim for compensation based on negligence by someone else's. If you attempt to navigate Florida law and negotiate with insurance representatives without a lawyer who is experienced you could lose out on a significant amount of compensation for your injuries.
As with all civil claims, injury claims begin with the filing of a complaint. The document identifies the parties involved, describes the harm done and outlines what you're requesting in terms of compensation.
Medical Treatment
You must receive regular medical treatment as part of your injury claim. This is a key part of establishing the severity and the extent of your injuries in order to receive an appropriate settlement for your claim. There are a variety of reasons you might not be capable of keeping your appointment with your doctor. This includes illness that is not related to it such as work commitments, travel issues, and other problems that can affect your schedule for medical appointments.
In general, any significant medical condition or injury that is discovered must be documented as soon as it is recognized, regardless of whether or not medical treatment is suggested. For records-keeping purposes cancer, chronic irreversible diseases fractured or cracking bones, and punctured earsdrums are all considered to be significant diagnoses.
Some procedures are not considered to be medical treatment. These include hospitalizations for observation, X-rays and medical examinations. Also exempted are HIV testing and HBV test for antibodies that are related to occupational exposures as well as counseling for associated mental stress. Medical treatments include wound care, multiple soakings in bathtubs, antibiotic therapy and whirlpool therapy.
However, gaps in medical care should be avoided to the fullest extent that is possible. Insurance companies could use a lack in consistency of treatment to argue that you are not as injured as you claim. This is the reason it's essential to document each visit, symptom and medical bill for your injury.
Documentation
Documentation is an essential element of any injury claim. The more evidence you can provide to your attorney, whether you're involved in a crash involving a vehicle or truck accident, or any other incident that causes injuries, the easier it will be for them to demonstrate negligence on your behalf.
Medical records are essential to proving the extent of your injury. These documents include medical bills, receipts for medication and other treatments such as physical therapy, as well as imaging studies like MRIs or CT scans.
Other important documentation includes an incident report written by law enforcement officials at the scene of the accident. Also, you should take photos of your injuries as well as the scene of the accident at various angles and distances in order to capture as much detail as possible.
Lastly, any lost wages must be documented using a letter from your employer on company letterhead indicating the number of days or hours you missed due to your injuries. Additionally, your lawyer can consult with an economist or life care planner to help estimate the future losses that might be caused by your injury and demonstrate the necessity for compensation to cover the costs. Expert witness testimony can be extremely beneficial in a personal injury case. The more documentation that you have, the more likely your injury lawyer will be to successfully negotiate on your behalf a fair and full settlement with the insurance company of the party at fault.
Witnesses
Witnesses are an integral part of any injury case. They can decide the outcome of your case. They can provide additional evidence about the incident and their testimony can prove how the accident impacted your life. The more witnesses your lawyer has, the stronger your case will be.
The first kind of witness is an expert. An expert witness is a person who's education, experience and work experience as well as their reputation in a particular area makes them a competent to provide an opinion on a subject during a trial. An expert witness can be a doctor, for example and can testify about the extent of your injuries as well as the treatment you'll require in the future.
A doctor or another who can explain your injury could also serve as an expert witness. For instance, if you are suffering from a leg injury an orthopedic surgeon could explain to the jury the reason for your injury. Experts can be used to inform jurors about how an automobile defect could be dangerous, or to answer medical questions.
An experienced personal injury attorney knows which experts to call in the event of a case. They are also able to locate witnesses who are reliable. A tactful lawyer can convince many witnesses to provide a formal statement. Your lawyer may also issue a subpoena and threaten to file a suit which can often persuade witnesses to take part in the personal injury claim.
Social Media
If a person is recovering from a serious injury, it can be tempting to let family and friends know how happy they are via social media posts. But, it could hurt your personal injury case. Slate published a recent article that gave real-life examples of how the social media habits of victims can harm their court cases. If injury law firm orem claim that you have suffered severe pain and suffering as a result of your injuries, yet you post a photo on Facebook or Instagram of you smiling and laughing your lawyers for the defendant will use this evidence to show your claims are exaggerated.
In a personal accident claim the majority of the compensation you receive is for non-economic damages like pain and suffering. The at-fault party and their insurance company will make use of every evidence they can come across to reduce the financial amount of your claim. This includes your profiles, social media accounts as well as photos that have been tagged and private messages.
The best way to avoid this from happening is to limit your use of social media as well as ask your family and friends to do the same. If you intend to utilize social media websites be sure to set your privacy settings to ensure only those connected to you can see your content. Your lawyer could tell you not to use social media while your case is pending.