If you’ve been in a car wreck or have gotten hurt on the job, you could be dealing with significant physical and emotional damage. You may want to seek compensation for your injury and want to file a personal injury claim in order to get recovery for the damage. In general, proving a personal injury doesn’t have to be a difficult task, and as such, it is crucial to be meticulous when pursuing your claim. With the help of legal professionals, who can offer solid legal advice, you can make a clear and convincing case. Here are five ways of proving personal injury.
1. Start With Your Testimony
Your own testimony can demonstrate how significantly your injuries are affecting your life. You may be hesitant because you may see your own testimony as biased, but you can best relate what you are experiencing because of the injury, or the new challenges that you are now faced with as a result. Document your testimony in a journal, highlighting the day-to-day progress of your injuries and the impact it has had on your life. Relate your pain and anguish and let it permeate in your testimony. Personal injury lawyers know the weight of personal testimony in a case.
2. Do “Show and Tell”
A “show and tell” can make a significant impact on a jury. The adage goes, “A picture is worth a thousand words.” In a personal injury case, your treating physician can show x-rays, scans and graphics of wounds to demonstrate the extent of your injuries. Your physician can also dramatize a surgical procedure, using a model and anatomical drawings, and explain the process in a step-by-step manner from the witness box. It is also possible to use video evidence to show physical therapy sessions, and your physical therapist can explain the damage that is being repaired and how it has caused serious disability for you.
3. Present Every Shred of Evidence
Evidence is paramount to your case, and without it, you are doomed from the get-go. You will need evidence to establish fault by the other party and evidence to prove the extent and effects of the damages. To build the strongest case possible, collect any and all information that may help bolster and substantiate your personal injury claim. Here are some pieces of evidence that you should have in your arsenal:
• Doctors’ notes and prognoses
• Photos and videos of the damages, injuries and the accident scene
• Eyewitness account and contact information
• Injury journal
• Proof of lost wages
• Receipts for every injury-related expense
4. Prove Concomitant Mental Injury
Pain does not have to be physical, nor does it have to amount to immense suffering. Mental injury or damage can occur as a result of an accident and is as equally compensable as physical injury. Mental anguish is a form of suffering and can affect your behavior, impact your relationships and limit your ability to work and provide for your family. For example, you can develop anxiety and fear after a car accident, which can prevent you from getting behind the wheel of a car. This gets in the way of you going to work, social events and other activities.
5. Keep-Up With Your Doctor’s Appointments and Orders
If you are going to file a personal injury claim, it’s important to have evidence of medical treatment, both past and present. Be consistent with your medical care, stick to your appointments and follow your doctor’s orders regarding medications and outpatient care. You don’t want to create a scenario that the defendant can use as evidence to show that your injuries are far less serious than you claim.
Proving a personal injury requires some thought and documentation. It has to be proven that the opposing party’s at fault, and you have to present the evidence to support your claim. Be prepared with the proof to win.
