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How to Win a Personal Injury Case A personal injury case is an opportunity to claim compensation based on the negligence of someone else If you attempt to navigate Florida law and negotiate with insurance companies without an experienced lawyer You could miss 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 an action This document identifies the people involved outlines the wrongful act and describes what youre requesting in terms of compensation Medical Treatment As part of your injury claim you need to undergo regular medical treatment This is an essential part in determining the severity and the severity of your injuries in order to get a fair settlement for your claims There are a variety of reasons you might not be in a position to keep the appointment with your doctor This includes illness that is not related to it or work commitments transportation problems and other concerns which can interfere with your routine appointments with your doctor Generally speaking any significant diagnosed injury or illness should be recorded at the time of diagnosis regardless of the need for medical treatment or delayed For recordkeeping cancer chronic irreversible illness fractured or cracked bones and punctured eardrums are all considered to be significant diagnoses Certain procedures are not considered to be medical treatment This includes hospitalizations for observation Xrays and tests HIV and HBV antibodies tests that are related to exposures to occupational hazards as well as counseling for psychological stress are not included However wound treatment such as multiple soakings Whirlpool treatments and antibiotic therapy are considered to be medical treatments However gaps in medical treatment should be avoided as long as you can Insurance companies could take advantage of a lack of consistency of treatment to argue that youre not as hurt as you claim This is the reason its essential to keep track of each visit symptom or medical bill for your injury Documentation Documentation is a vital element of any injury case The more documentation you provide to your attorney whether youve been involved in a crash involving a vehicle truck accident or any other incident that results in injuries the easier it will be for them to demonstrate negligence on your behalf Medical records are essential to proving the extent of your injury They include medical bills receipts for medications and other treatments such as physiotherapy and imaging studies like MRIs or CT scans Other important documentation includes an incident report written by law enforcement officers at the scene of the accident It is also important to take pictures of your injuries as well as the scene of the accident from various angles and distances to capture as much detail as you can Also any wages lost should be documented with the employers written confirmation on the letterhead of your company stating the number of days or hours youve missed because of your injuries In addition your attorney can consult with an economist or life care planner to help you estimate the future losses that might be incurred as a result of your injuries and also demonstrate the necessity for compensation to cover these expenses This kind of expert witness testimony can be very beneficial in a personal injury case The more evidence you have the more likely your injury attorney will be to successfully negotiate on your behalf for a fair and total settlement with the insurance company of the person at fault Witnesses The witnesss role is vital in 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 can show how the accident affected your life The more persuasive your case the more witnesses you have The first kind is an expert An expert witness is a person whos education experience qualifications and repute in a particular field makes them uniquely qualified to offer an opinion during the course of a trial For example an expert witness could be a doctor who can be a witness to the severity of your injuries or the treatment youll need in the near future A surgeon or someone else who can explain your injury could also serve as an expert witness If youve got issues with your leg an orthopedic surgeon can explain to jurors the reason for what happened Experts can also be used to explain how a vehicle defect is risky or to help jurors comprehend medical issues injury attorney berkeley experienced personal injury lawyer knows the right experts to call in a particular case They also can locate witnesses who are reliable A skilled lawyer can persuade witnesses to sign an official statement Your lawyer can issue a subpoena or threaten to file a lawsuit which will often convince witnesses to join in your personal injury case Social Media If someone recovering from a serious injury it can be tempting to let family and friends know how grateful they are via social media posts However this could cause harm to your personal injury claim A recent article in Slate did a fantastic job of providing realworld examples of the way a victims social media habits can impact their court cases If you claim that you have suffered severe pain and suffering due to your injuries but post a photo on Facebook or Instagram of you laughing and smiling your lawyers for the defendant will use this evidence to show that your claims are exaggerated In a personal injury claim a large portion of your compensation will be for noneconomic losses like suffering and pain The insurance company of the atfault party will use whatever evidence that they can to decrease the amount of your claim This includes your profiles social media accounts as well as photos that have been tagged and private messages To prevent this limit your social media use and ask your family and friends to do the same If youre going to use social media make sure youve got your privacy settings set to ensure that only those youre connected to are able to view your content In some cases the attorney might suggest that you dont use social media in any way while your case is in progress
