How to Win a Personal Injury Case
A personal injury case is a claim for compensation based on the negligence of someone else. If you try to navigate Florida law and negotiate with insurance companies without a knowledgeable lawyer, you could lose out on a significant amount of compensation for your injuries.
Like all civil claims the process of filing a lawsuit for injury begins with filing a complaint. This document lists the parties involved, outlines the wrongful act and describes what you're requesting in terms of compensation.
Medical Treatment
You are required to receive regular medical care as part of your injury claim. This is an essential part in determining the severity and the extent of your injuries in order to receive an adequate settlement for your claim. There are a variety of circumstances that may prevent you from completing and maintaining your doctor's appointments. This includes illnesses that are not related or work commitments, transportation issues, and many other factors that could affect the frequency of your medical appointments.
In general, any major injury or illness that is diagnosed must be documented when it is discovered, regardless of whether or not medical treatment is suggested. For record-keeping cancer, chronic irreversible illness, fractured or cracking bones and punctured eardrums are all considered significant diagnoses.
Certain procedures are not considered to be medical treatment. This includes hospitalizations for observation, Xrays and examinations. Also not included are HIV injury law firm des moines and HBV antibodies related to occupational exposures and counseling for mental stress that is associated with it. Medical treatments include treating wounds as well as multiple soakings in whirlpools, antibiotic therapy, and the whirlpool therapy.
Nevertheless, gaps in your medical treatment should be avoided as far as possible. Insurance companies can make use of the absence of consistent treatment to claim that you aren't truly injured or suffered as severe a loss as you claim. It's important to keep track of each visit, symptom, and medical bill that is related to your injury.
Documentation
Documentation is an essential component in any injury lawsuit. If you're involved in a car accident or truck crash, or other kind of accident that causes injuries, the more evidence you have available, the easier it is for your lawyer to prove your negligence and show that you sustained damages as a result the incident.
Medical records are essential for proving the severity of your injuries. These documents include medical bills receipts for medicines, as well as other treatments like physiotherapy and imaging studies like MRIs or CT scanners.
Other important documentation includes the written incident report that is prepared by law enforcement at the scene of the accident. You should also take photographs of your injuries and the scene of the accident at various angles and distances to capture as much detail as possible.
Additionally, any loss of wages should be documented with the employer's written confirmation on company letterhead indicating the number of days or hours that you did not work because of your injuries. Your attorney may also consult an economist or a health care planner to determine the potential losses you could incur as a result your injury, and also to prove the need for compensation. Expert witness testimony can be very effective in a personal injuries case. The more evidence you gather the more likely that your attorney will successfully negotiate a full and fair settlement on your behalf with the at-fault party's insurance carrier.
Witnesses
Witnesses are an integral part of any injury case. They can be the difference between winning or losing your case. They can provide additional evidence of the incident and their testimony could also demonstrate how the accident has impacted your life. The stronger your case is and the more witnesses you'll have.
The first kind of witness is an expert. An expert witness is someone who's training, education and work experience as well as their reputation in a particular field makes them uniquely qualified to give their opinion on an issue during an investigation. For instance, an expert witness could be a doctor who is able to be a witness to the severity of your injuries as well as the treatment you'll require in the future.
An expert witness could be a surgeon or someone who can explain the cause of your injury. For instance, if have a leg injury, an orthopedic surgeon can tell the jury the reason for your injury. Experts can be used to explain to juries how the defect in your vehicle could be hazardous or to answer medical questions.
An experienced personal injury attorney knows the right experts to contact in an incident. They can also locate witnesses that are trustworthy. A tactful lawyer can convince many witnesses to give a formal statement. Your lawyer can also issue a subpoena as well as threaten to file a suit that can convince witnesses to sign up for your personal injury claim.
Social Media
If someone is recovering from a serious injury, it can be tempting to let family and friends know how grateful they are through social media posts. But, it could be detrimental to your personal injury case. A recent article in Slate did a fantastic job of providing real-world examples of the way the habits of a victim's social media can hurt their court cases. For instance, if seeking to claim severe discomfort and pain as a result of your injuries and post a photo of you smiling and laughing on Facebook or Instagram, the defendant's attorneys will utilize that evidence to prove that your claims of extreme pain are exaggerated.
A large part of your compensation in a personal injury case is for non-economic damages such as pain and suffering. The insurance company of the at-fault party will use whatever evidence they can to reduce the amount of your claim. This includes your social media profiles, accounts photographs, as well as private messages.
The best way to prevent this from happening is to restrict your use of social media and to ask your family and friends to do the same. If you plan to use social media platforms adjust your privacy settings to ensure that only people connected to you can see your content. In some cases your lawyer might advise that you don't use social media in any way while your case is in progress.