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How to Win a Personal Injury Case Personal injury cases involve the claim of a person for financial compensation because of someone elses negligence You could lose a significant amount of compensation if trying to talk to insurance representatives and navigate Florida law without the assistance of an experienced lawyer As with all civil claims injuries cases begin by filing an action The document identifies all parties in the case explains the harmful incident and details the compensation youre requesting Medical Treatment You should receive regular medical treatment as part of your claim for injury This is important to establish the severity of your injuries and the magnitude of them to receive an adequate settlement for your claim However there are many situations that could hinder you from completing and maintaining your doctors appointments This can be due to unrelated illnesses or work commitments transportation issues and other problems which can interfere with your regularity of appointments with your doctor In general any major injury or illness that is diagnosed must be documented when it is recognized regardless of whether or not medical treatment is recommended Cancer chronic irreversible illnesses such as fractured or cracked bones and eardrums that have been punctured are considered to be significant diagnoses that need to be recorded for records purposes Some procedures do not qualify as medical treatments such as exams Xray examinations and hospitalization for observation HIV and HBV tests for antibodies related to exposures in the workplace and counseling for mental stress are also ruled out Medical treatments include wound treatment as well as multiple soakings in whirlpools antibiotic therapy and Whirlpool therapy However any gaps in medical treatment must be avoided to the greatest extent that is possible Insurance companies might claim that there isnt a consistency of treatment to argue that you are not as injured as you claim This is why its crucial to keep track of each visit symptom or medical bill for your injury Documentation Documentation is an essential component in any injury lawsuit The more documentation you provide to your attorney whether youre involved in a crash involving a vehicle or truck accident or other incident that causes injuries the more straightforward it is for them to prove negligence on your behalf Medical records are essential in demonstrating the extent of your injuries These records include medical bills receipts for medication and other treatments such as physical therapy as well as imaging studies such as MRIs or CT scans A written incident report prepared by law enforcement officials on the scene of the crash is also important documentation You should also take photographs of your injuries and the scene of the accident at various angles and distances to capture as many details as you can Also any wages lost must be documented with an official letter from your employer on the companys letterhead stating how many days or hours that you did not work because of your injuries Additionally your lawyer could consult with an economist or a life health planner to help estimate future losses that may be due to your injuries and also demonstrate the need for compensation to cover these costs This kind of expert testimony can be extremely effective in a personal injury case The more evidence you are able to gather the more likely your lawyer will be able to negotiate on your behalf for a fair and total settlement with the insurance company of the atfault person Witnesses Witnesses are an essential part of any injury case They can make or break your case They can provide additional evidence of the incident and their testimony can prove how the accident affected your life The more convincing your case and the more witnesses youll have The first type is an expert An expert witness is someone whos education experience or work experience and the reputation in a particular field make them uniquely qualified to offer an opinion on a topic during a trial An expert witness can be an expert in the field of medicine for example an expert witness who can provide evidence to the severity 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 you have a leg injury an orthopedic surgeon can tell the jury how the injury happened Experts can be used to explain to juries how a defect in a vehicle could pose a risk or answer medical questions A seasoned personal injury lawyer will know which experts to contact in a particular case They can also locate the most reliable eyewitnesses A skilled lawyer can persuade many witnesses to provide an official statement Your lawyer can issue a subpoena or threaten to file a suit which often convinces witnesses to join in the personal injury claim Social Media Its tempting for someone recovering from a serious accident to post on social media about how content they are But doing this could end up hurting your personal injury case A recent article in Slate did a great job of giving realworld examples of how the social media habits of a victim can impact their court cases If you claim that you have suffered severe pain and suffering due to your injuries but you post a picture on Facebook or Instagram of you laughing and smiling your lawyers for the defendant will use this evidence to show your claims are exaggerated In a personal accident claim a large portion of your compensation will be for noneconomic losses like suffering and pain The atfault party and their insurance company will make use of every evidence they can discover to decrease the monetary amount of your claim This includes your Facebook and Twitter profiles accounts photographs as well as private messages To prevent this from happening limit your use of social media and ask family and friends to do the same If youre planning on using social media ensure that youve got your privacy settings set so that only those youre connected to can see your content injury attorney pennsylvania might advise you not to use social media while your case is pending
