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A personal injury case involves the person's claim to monetary compensation for the result of another's negligence. If you attempt to navigate Florida law and negotiate with insurance companies without an experienced attorney you could miss out on a significant amount of compensation for your injuries.
Like all civil claims, injuries begin with a complaint. This document identifies the people involved, outlines the wrongful act and injury describes the amount of compensation you're seeking.
Medical Treatment
As part of your injury case you will need to receive regular medical treatment. This is an essential part of determining the severity of your injury and the extent of your injuries to get an appropriate settlement for your claims. There are a myriad of circumstances that may prevent you from completing and maintaining appointments with your doctor. This includes illnesses that are not related to your work obligations, transportation issues and other issues that could disrupt the regularity of your medical appointments.
Generally, any major diagnosed illness or injury should be recorded at the time of diagnosis regardless of the need for medical treatment or delayed. To keep records, cancer, chronic irreversible illness fractured or cracking bones, and punctured earsdrums are all considered to be significant diagnoses.
Certain procedures are not considered as medical treatment, such as examinations, X-ray examinations, and hospitalization for observations. Also exempted are HIV testing and HBV test for antibodies that are related to occupational exposures as well as counseling for the stress associated with them. However, the treatment of wounds including multiple soakings, treatments with whirlpools, and antibiotics are considered to be medical treatments.
However, any gaps in medical care should be avoided to the greatest extent that is possible. Insurance companies could use a lack of consistent treatment to argue that you aren't really injured or haven't been as badly affected as you claim. This is why it's vital to document every visit, symptom, and injury medical bill for your injury.
Documentation
Documentation is an essential element of any injury claim. The more documentation you give to your attorney, regardless of whether you're involved in a crash involving a vehicle or truck accident, or other incident that causes injuries, the easier it is for them to demonstrate negligence on your behalf.
Medical documents are critical for demonstrating the extent of your injuries. These records include medical bills, receipts for medications and other treatments like physical therapy, as well as imaging studies such as MRIs or CT scans.
A written incident report that is prepared by law enforcement officers on the scene of the crash is also important evidence. Additionally you should take photos of your injuries and the scene of the accident from various angles and distances to get as much detail as possible.
Last but not least, you should document the loss of earnings with a letter on company letterhead from your employer that outlines the number of hours or days that you missed because of your injuries. Your lawyer can also seek advice from an economist or a life-care planner to determine the potential losses you could incur as a result your accident, and to show the necessity to seek compensation. Expert witness testimony can be extremely effective in a personal injuries case. The more documentation you can collect the more likely that your injury attorney can effectively negotiate a complete and fair settlement on your behalf with the at-fault person's insurance carrier.
Witnesses
Witnesses are an integral part of any injury; Full Statement, case. They can either help or hurt your case. They can provide additional evidence about the incident, and their testimony can show how the accident has impacted your life. The more witnesses your lawyer has, the stronger your case will be.
The first type is an expert. An expert witness is a person who's education, experience, qualifications and repute in a particular area make them uniquely qualified to give an opinion in a trial. An expert witness could be a doctor, for example and can testify about the extent of your injuries and the treatment you will need in the future.
An expert witness could be a surgeon or someone who can provide the reason for your injury. For instance, if you have a leg injury an orthopedic surgeon can tell the jury how your injury occurred. Experts can also be used to explain how a defect in a vehicle can be dangerous or to assist jurors be able to comprehend medical questions.
A seasoned personal injury lawyer knows which experts to call in the event of a case. They also can locate the most reliable eyewitnesses. A skilled lawyer can convince witnesses to sign a formal statement. Your lawyer can also issue a subpoena as well as threaten to file a lawsuit, which often convinces witnesses to participate in the personal injury claim.
Social Media
It can be tempting for someone recovering from a serious injury to post on social media about how pleased they are. However, doing so could end up hurting your personal injury case. A recent article in Slate did an excellent job of presenting examples of how a victim's social media habits can impact their court cases. If you claim that you have suffered severe pain and suffering as a result of your injuries, and you post a picture on Facebook or Instagram of smiling and laughing your lawyers for the defendant will use this evidence to prove your claims are exaggerated.
A large part of your compensation in a personal injury lawsuit is for non-economic damage such as pain and suffering. The at-fault party and their insurance company will use every piece of evidence they can discover to decrease the monetary amount of your claim. This includes your profiles, social media accounts, tagged photos and even private messages.
The best way to stop this from happening is to limit your social media use as well as ask your family and friends to do the same. If you're planning to use social media, make sure you've got your privacy settings set so only the people you're connected with can view your posts. In certain situations your lawyer might advise that you don't use social media while your case is ongoing.
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