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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 attempt to navigate Florida law and negotiate with insurance companies without an experienced attorney You could miss out on a significant amount of compensation for your injuries As with all civil lawsuits injury claims begin with the filing of a complaint This document identifies the parties who are involved explains the wrongful incident and details the compensation you demand Medical Treatment As part of your injury case you need to undergo regular medical treatment This is important to establish the severity of your injuries and the severity of them in order to receive a fair settlement for your claim However there are many circumstances that could prevent you from completing and maintaining appointments with your doctor This includes unrelated illnesses work obligations transportation issues and other factors that could disrupt the regularity of your medical appointments In general any significant injury or illness that is diagnosed must be documented when it is discovered regardless of whether medical treatment is required Cancer chronic irreversible diseases fractured or cracked bones and punctured eardrums are considered to be significant diagnoses that need to be recorded for records purposes Certain procedures are not considered to be medical treatment This includes hospitalizations for observation Xrays and tests HIV and HBV tests for antibodies related to exposures in the workplace and counseling for mental stress are also ruled out Medical treatments include treating wounds multiple soakings in Whirlpools antibiotic therapy and treatment with whirlpools However any gaps in medical treatment should be avoided to the greatest extent possible Insurance companies could make use of a lack of uniformity of treatment to prove you arent as injured as you claim It is important to keep track of each visit symptom and medical bill related to your injury Documentation Documentation is an essential element of any injury claim The more evidence you can provide to your attorney whether youre involved in a car crash or truck crash or other incident that causes injuries the more straightforward it will be for them to show negligence on your behalf Medical documents are critical for showing the severity of your injuries These records include medical invoices receipts for medicines as well as other treatments such as physiotherapy and imaging studies like MRIs or CT scanners injury law firm davie written incident report created by law enforcement personnel on the scene of the crash is also important evidence Also you should take photos of your injuries as well as the scene of the accident from various angles and distances in order to capture as much detail as you can Finally any wage loss should be documented with a letter from your employer on the letterhead of your company stating the number of days or hours you missed due to your injuries Additionally your attorney could consult with an economist or a care planner to assist you estimate the future losses that could be attributable to your injury and demonstrate the necessity for compensation to cover the costs This kind of expert testimony can be extremely persuasive in a personal injury case The more evidence you collect the greater likelihood that your injury lawyer will be able to negotiate a fair and fair settlement on your behalf with the atfault partys insurance carrier 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 show 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 whos education experience qualifications and repute in a specific area makes experts qualified to provide an opinion in a trial An expert witness could be a doctor for instance who can testify to the severity of your injuries and the treatment youll require in the future An expert witness can be a surgeon or someone who can provide the cause of your injury If you have a leg problem an orthopedic surgeon can explain to the jury what transpired Experts can also be used to explain how a defect in a vehicle can be hazardous or to help jurors comprehend medical issues An experienced personal injury lawyer knows which experts to consult in a particular case They can also locate the most reliable eyewitnesses A skilled lawyer can convince many witnesses to provide a formal statement Your lawyer may also issue a subpoena as well as threaten to file a lawsuit which will often convince witnesses to participate in the personal injury claim Social Media Its tempting for someone recovering from a serious accident to post on social media about how satisfied they are This could however harm your personal injury claim A recent article in Slate did a great job of presenting realworld examples of how a victims social media habits can affect their court cases For instance if in serious suffering and pain from your injuries and you post a photo of you smiling and laughing on Facebook or Instagram and the defense attorneys of the defendant will utilize that evidence to prove that your claims of extreme suffering are exaggerated In a personal injury claim a large portion of your compensation will be for noneconomic damages like suffering and pain The atfault party and their insurance company will take every piece of evidence they find to reduce the monetary amount of your claim This includes your social network accounts profiles photos profiles and private messages To prevent this limit your use of social media and ask your family and friends to do the same If youre planning to use social media make sure youve got your privacy settings set to ensure that only those youre linked to have access to your content Your lawyer might advise you not to use social media while your case is pending
