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How to Win a Personal Injury Case A personal injury case is a claim for compensation that is based on the negligence of someone else You could lose valuable compensation if you try to deal with insurance agents or navigate Florida law without the assistance of an experienced lawyer Like all civil lawsuits injury cases start with filing a complaint The complaint identifies all parties involved describes the wrongful act and describes what youre requesting in terms of compensation Medical Treatment You must undergo regular medical treatment as part of your claim for injury This is a crucial aspect of establishing your seriousness and the severity of your injuries to receive a fair settlement for your claims But there are numerous circumstances that could prevent you from making and keeping appointments with your doctor This includes illnesses that are not related work commitments transportation issues and many other factors that could hinder your schedule for medical appointments Generally speaking any significant diagnosed illness or injury should be documented at the time of diagnosis regardless of whether medical treatment is required or postponed Cancer chronic irreversible diseases and fractured or cracked bones and eardrums that have been punctured are considered to be significant diagnoses for the purposes of recordkeeping Some procedures do not qualify as medical treatments including examinations Xray examinations and hospitalization for observation HIV and HBV antibodies tests related to occupational exposures and counseling for psychological stress are not included However wound treatment such as multiple soakings the treatment of whirlpools and antibiotics are considered to be medical treatments Nevertheless gaps in your medical treatment must be avoided as much as possible Insurance companies can use a lack of consistent treatment to argue that you arent truly injured or suffered as much as you claim Its important to keep track of every visit or symptom and medical bill that is related to your injury Documentation Documentation is an important component of any injury claim If youre involved in a car accident truck crash or any other type of incident that leads to injuries the more evidence you have available the easier it is for your attorney to show your negligence and show that you sustained damages as a result the incident Medical records are essential for documenting the severity of your injury These records include medical bills receipts for medication and other treatments such as physiotherapy as well as imaging studies such as MRIs or CT scans Other important documentation includes a written incident report generated by law enforcement officials at the scene of the accident In addition you should take pictures of your injuries and the scene of the accident from various angles and distances to capture the maximum amount of detail Not least you should record any lost wages with an official letterhead from your employer indicating the number of hours or days that you have missed due to your injuries Your lawyer can also seek advice from an economist or a health care planner to determine the potential losses you may suffer due to your injury and to demonstrate the necessity to seek compensation This kind of expert testimony can be extremely effective in a personal injury case The more evidence you gather the more likely your injury attorney will be to successfully negotiate on your behalf a fair and full settlement with the insurance company of the party at fault Witnesses The significance of witnesses is paramount in any injury case They can make or ruin your case They can provide additional evidence of the incident and their testimony can prove how the incident has affected your life The more witnesses your lawyer has the more convincing your case will be The first kind of witness is an expert An expert witness is a person whos education experience knowledge and reputation in a specific field make them uniquely qualified to offer an opinion in the course of a trial Expert witnesses could be a doctor for instance who can testify to the extent of your injuries as well as the treatment youll require in the future A surgeon or someone else who can explain your injury could also be an expert witness For instance if have a leg injury an orthopedic surgeon will be able to tell the jury how the injury occurred Experts can explain to juries how an automobile defect could be dangerous or to answer medical questions A seasoned personal injury lawyer knows the right experts to contact in an instance They are also able to locate the most reliable eyewitnesses A tactful lawyer can convince witnesses to make a formal statement The lawyer can also suggest that you start a lawsuit and issue a subpoena which can often persuade witnesses to join the personal injury lawsuit Social Media If someone recovering from a major injury its tempting to let friends and family know how grateful they are through social media posts However this could cause harm to your personal injury claim Slate published a recent article that provided reallife examples of how social behaviors of victims social media accounts could harm their court cases For instance if claiming serious suffering and pain from your injuries and post a photo of yourself smiling and laughing on Facebook or Instagram the lawyer representing the defendant will make use of that evidence to prove that your claims of severe suffering are exaggerated In injury lawsuit hialeah a large portion of the compensation you receive is for noneconomic damage such as suffering and pain The insurance company of the party at fault will use any evidence they can to lower the amount of your claim This includes your social network profiles accounts photos profiles and private messages To prevent this from happening restrict your social media use and ask family and friends to do the same If you plan to use social media ensure that youve got your privacy settings set so that only people youre connected to are able to view your content In certain cases your lawyer may suggest that you avoid using social media at all while your case is in progress
