How to Win A Personal Injury Lawsuit
After being injured in an accident, you may decide to bring a personal injury claim against the negligent party. You may be thinking that since you’re experiencing pain and suffering because of your accident then you should be compensated. Isn’t that enough to win your lawsuit? The answer is no, that isn’t enough. As I tell my clients, “it is not what you know, it is what you can prove.” You may know that you are hurting, but can you prove it? Here are the top five things you must do in order to show insurance adjusters and juries that you were, in fact, injured in a traffic collision.
Get Medical Treatment
It’s common for people who have been in a traffic accident to experience pain afterward. If this is the case, make sure you seek medical treatment as soon as possible. Otherwise, the defendant can easily paint you as someone who is not seriously hurt. Jurors don’t like to hear that “you’re not a complainer” to explain why you didn’t get any medical treatment. You’re a person, not a superhero, and people who are injured get medical treatment when they’re hurt. Get treatment at the time of the accident with regular follow-ups with your doctors, or your chances of winning your case are reduced.
Be Consistent With Your Medical History
When you’re filling out your medical paperwork or speaking with your doctor/nurse, you should always communicate all of the symptoms you have had since the accident, not just the symptoms you’re having at that very moment. If a part of your body is painful or numb or feels different since the accident, make sure to indicate that in the medical paperwork and when you speak with medical professionals. These complaints should be consistent from one doctor to the next. Even if you’re seeing a doctor for a medical condition unrelated to your injury, you must disclose your injury to that doctor. Make sure to document your symptoms both on the intake paperwork and directly to the doctors and nurses you speak with.
Be Descriptive With Your Symptoms
When you’re communicating your symptoms to your medical provider, clearly convey what type of pain you’re experiencing. Different types of symptoms indicate different types of injuries. Don’t write that you have “pain.” Describe the pain in as much detail as you can. There’s a difference between dull, achy pain and sharp pain with numbness and tingling. How well you describe your symptoms, pain, and injuries will assist the doctor in making their diagnosis. Again, the way you describe your symptoms should be consistent with all of your medical providers.
Be Accurate About Your Medical History
If you have had medical treatment to your lower back before an accident and then suffered a new back injury from an accident, it is extremely important that you tell all of your doctors about your prior low back symptoms and treatments. The law allows you to bring a claim if an accident worsened (aggravated) a pre-existing medical condition, but juries look harshly upon people who aren’t truthful. You can still have a legal claim even if you’ve had prior treatment for the same body part, but a jury will turn you away if you don’t disclose that prior/relevant medical treatment. No-one knows your medical history better than you do. You lived it. As a result, a jury will not believe that you “forgot” your prior injury/condition if you failed to disclose it to the doctors treating you after an accident.
Communicate With Your Attorney
Whenever you plan on seeing a new medical doctor or getting news tests, let your personal injury attorney know. Your attorney is there to help guide you through the legal process, but they cannot do that if you don’t keep them informed. Additionally, if you decide to apply for disability benefits or for government assistance, it’s critical that your attorney is a part of that process, otherwise, you could jeopardize your case! It’s important your attorney is kept in the loop regarding these decisions.
The best way to win your personal injury lawsuit is to hire a great personal injury attorney and to maintain constant communication with them. A good personal injury attorney will want to assist you through this process and get you the most compensation they can. Call the accident experts at Wilshire Law Firm today to get your free case consultation at (800) 522-7274.