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How to Win a Personal Injury Case A personal injury case is an individuals claim for financial compensation because of someone elses negligence You could lose valuable compensation if you try to talk to insurance representatives and navigate Florida law without the assistance of a seasoned attorney Like all civil claims the process of filing a lawsuit for injury begins with filing complaints The complaint identifies all people involved outlines the cause of the injury and details the amount of compensation youre seeking Medical Treatment You should receive regular medical care as part of your injury claim It is crucial to determine the severity of your injuries and the magnitude of them to receive an adequate settlement for your claim However there are many circumstances that may prevent you from attending and keeping appointments with your doctor This includes illnesses that are not related such as work commitments travel issues and a host of other things which can interfere with your regularity of medical appointments Generally speaking any serious diagnosed injury or illness should be recorded at the time of diagnosis regardless of the need for medical treatment or postponed Cancer chronic irreversible disease and fractured or cracked bones and eardrums punctured are considered to be significant diagnoses for recordkeeping purposes Certain procedures do not qualify as medical treatment including examinations Xray examinations and hospitalization for observations Also exempted are HIV testing and HBV antibody tests related to occupational exposures as well as counseling for associated mental stress However wound treatment such as multiple soakings treatments with whirlpools and antibiotics are considered medical treatments However any gaps in your medical treatment must be avoided as much as possible Insurance companies could use a lack of consistent treatment to claim that you arent really injured or havent suffered as severe a loss as you claim This is why its crucial to record every visit symptom and medical bill for your injury Documentation Documentation is an essential component in any injury case The more documentation you give to your attorney whether youre involved in a car crash or truck accident or other incident that causes injuries the simpler it is for them to show negligence on your behalf Medical records are crucial for demonstrating the extent of your injuries These records include medical invoices receipts for medications and other treatments like the use of physiotherapy imaging studies like MRIs or CT scanners Other important documentation is a written incident report generated by law enforcement officers at the scene of the accident It is also important to take pictures of your injuries and the scene of the accident from various angles and distances to capture as many details as you can Also any wages lost should be documented with the employers written confirmation on company letterhead indicating the number of days or hours that you did not work because of your injuries Additionally your attorney could consult with an economist or a care planner to help you determine the potential losses that will be due to your injuries and also demonstrate the need for compensation to cover these costs This kind of expert witness testimony can prove extremely beneficial in a personal injury case The more evidence you gather the greater chance that your lawyer for injury will effectively negotiate a complete and fair settlement on your behalf with the atfault partys insurance carrier Witnesses Witnesses play a vital role of any injury case They can make or break your case They can provide more evidence of the accident and their testimony can prove how the accident affected your life The more witnesses your lawyer has the more convincing your case will be The first kind is an expert injury settlement palatine is someone whose education training work and reputation in a particular area makes them a qualified to give an opinion on a topic in an investigation For instance an expert witness might be a doctor who can testify about the extent of your injuries as well as 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 problems with your leg an orthopedic surgeon can explain to jurors the reason for what happened Experts can explain to juries how a defect in a vehicle could be dangerous or to answer medical questions A seasoned personal injury lawyer knows which experts to call in the event of a case They can also locate witnesses with the right credentials They might not be willing to speak on your behalf but an injury lawyer who is tolerant and persistent can convince many witnesses to informally give a statement The lawyer may also make threats to start a lawsuit and issue a subpoena which can convince witnesses to take part in a personal injury case Social Media When someone recovering from a major injury its tempting to let family and friends know how grateful they are through social media posts This could however affect your personal claim for compensation Slate published a recent article that gave concrete examples of how social practices of victims media use can harm their court cases For instance if complaining of severe pain and suffering from your injuries and you upload a photo of yourself smiling and laughing on Facebook or Instagram the defendants attorneys will use the evidence to prove that your claims of severe pain are exaggerated In a personal injury case a large portion of the compensation you receive is for noneconomic injuries like suffering and pain The insurance company of the party at fault will use whatever evidence that they can to decrease your claims monetary value This includes your profile on social media your accounts tagged photos and even private messages The best method to stop this from happening is to restrict your social media usage as well as ask your family and friends to do the same If you plan to use social media make sure you set your privacy settings to ensure only those connected to you can view your content In some instances your lawyer may suggest that you dont use social media while your case is in progress
