How to Win a Personal Injury Case
A personal injury case is an opportunity to claim compensation based on someone else's negligence. If you attempt to navigate Florida law and negotiate with insurance representatives without an experienced attorney you could lose out on a significant amount of compensation for your injuries.
As with all civil claims, injury cases start with filing a complaint. The complaint identifies all parties involved, outlines the harmful act and outlines what compensation you are demanding.
Medical Treatment
As part of your injury case it is necessary to undergo regular medical treatment. This is an essential part of determining the severity of your injury and the extent of your injuries to get a fair settlement for your claim. There are a myriad of circumstances that could prevent you from attending and keeping your doctor's appointments. This includes unrelated illness, work commitments, transportation issues, and other problems that could hinder the frequency of your medical appointments.
In general, any significant medical condition or injury that is discovered must be documented as soon as it is detected, regardless of whether medical treatment will be recommended. Cancer, chronic irreversible illnesses cracks or fractures of bones and eardrums that have been punctured are considered to be significant diagnoses for the purposes of record-keeping.
Some procedures are not considered to be medical treatment. This includes hospitalizations for observation, Xrays, and examinations. HIV and HBV antibody tests relating to occupational exposures, as well as counseling for mental stress are also excluded. Medical treatments include treating wounds and multiple soakings in Whirlpools, antibiotic therapy and the whirlpool therapy.
However, gaps in your medical treatment should be avoided as far as possible. Insurance companies can make use of the absence of consistent treatment to argue that you aren't really injured or haven't suffered as much as you claim. This is why it's crucial to document each visit, symptom and medical bill for your injury.
Documentation
Documentation is an essential component in any injury lawsuit. If you're involved in a car accident, truck crash or any other incident that causes injuries, the more documentation you have available, the easier it is for your attorney to demonstrate your negligence and show that you sustained injuries as a result of the incident.
Medical records are essential in demonstrating the extent of your injuries. These documents include medical bills, receipts for medications and other treatments like physical therapy and imaging studies such as MRIs or CT scanners.
Other important documentation is a written incident report generated by law enforcement officers at the scene of the accident. Also, you should take photos of your injuries as well as the scene of the accident from various angles and distances to capture as much detail as you can.
Finally, any wage loss should be documented by an employer's letter on letterhead of the company, which outlines how many days or hours that you did not work due to your injuries. Your attorney can also consult an economist or a life-care planner to estimate future losses that you might incur as a result your injury, and to demonstrate the necessity for compensation. This kind of expert witness testimony can be very effective in a personal injuries case. The more documentation that you have, the more likely your injury attorney will be able to negotiate on your behalf a fair and complete settlement with the insurance company of the person at fault.
Witnesses
The witness's role is vital 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 demonstrate how the accident impacted your life. The more convincing your case, the more witnesses you will have.
The first type is known as an expert. An expert witness is one who's training, education or work experience and the reputation in a particular field make them uniquely qualified to give an opinion on a topic in the course of a trial. Expert witnesses could be a doctor, for instance and can testify about the extent of your injuries and the treatment you'll need in the future.
A doctor or another who can explain the injury could also be an expert witness. For instance, if you have a leg injury an orthopedic surgeon can tell the jury how your injury occurred. Experts can be used to explain to jurors how an automobile defect could be dangerous or to answer medical questions.
A seasoned personal injury lawyer knows which experts to consult in a particular case. They are also able to locate the right eyewitnesses. injury lawsuit providence can persuade witnesses to make a formal statement. Your lawyer can also issue a subpoena and threaten to file a lawsuit which can often persuade witnesses to join in the personal injury claim.
Social Media
It is tempting for someone recovering from a serious injury to post on social media about how pleased they are. This could, however, cause harm to your personal claim for compensation. A recent article in Slate did a fantastic job of giving real-world examples of how victims' social media habits can affect their court cases. For instance, if in serious discomfort and pain as a result of your injuries and you post a picture of yourself smiling and laughing on Facebook or Instagram the lawyer representing the defendant will use that evidence to show that your claims of extreme suffering are exaggerated.
In a personal injury lawsuit the majority of your compensation is for non-economic damage such as suffering and pain. The at-fault party and their insurance company will use every piece of evidence they can discover to decrease the monetary amount of your claim. This includes your profiles, social media accounts photographs, tags and even private messages.
To prevent this from happening, limit your social media use and ask your family and friends to do the same. If you are planning to utilize social media websites adjust your privacy settings to ensure only those connected to you can view your content. In some instances your lawyer may suggest you not to use social media in any way while your case is pending.