Personal injury claims are based on facts. Emotions can be facts when the feelings are part of an injury (emotional stress, anxiety or suffering caused by physical harm), but the feeling that an injury deserves considerable compensation is not enough to ensure that there is a significant amount of damage Compensation is granted.
Facts must be proven either to the satisfaction of an insurance company or a jury.
Injured people have to put together facts to file for assault and settle their own case. It helps to have a personal injury lawyer who understands how he investigates a claim and how he collects and presents the facts in a way that leads to a favorable agreement or a positive judgment.
1. Proof of liability
Most personal injury claims begin with evidence that someone’s negligence has contributed to the injury. There are limited exceptions to this rule if the law imposes strict liability
(in California, dog bites and some injuries caused by dangerous products are examples of cases of strict liability), but most bodily injuries require proof that another party has acted negligently.
Sometimes negligence is clear. If an injury victim was changed while waiting for a red light, there is no doubt that the driver of the moving car was negligent and that his negligence caused the accident.
In other cases, negligence is controversial.
For example, a frontal collision may occur near the centerline of a highway. After the dust has settled, each driver could claim that the other driver has crossed the center line. Cars usually drive a considerable distance after a head-on collision at highway speed. In the absence of a neutral witness, it can be difficult to prove which driver was to blame.
In these cases, assuming the costs are justified by the probable recovery of the compensation, a personal injury lawyer will appoint an accident reconstruction engineer to investigate the collision. By examining the scene (including the furrow markings on the highway), examining the damage to each car, and viewing photographs and charts collected by police officers, the engineer can provide evidence of the scene of the accident.
If this evidence shows that the other driver is at fault, the expert can provide the decisive evidence required to file a personal injury claim successfully.
2. Proof of injuries
At the trial, injuries are evidenced by the testimony of doctors. However, since most cases settle before the trial, lawyers rely on medical records to document these violations. Capturing a complete set of health records, including hospital records, clinic records, specialist counseling, and physiotherapy records, is an integral part of applying for personal injury.
If the records are not complete, a personal injury lawyer may suggest that the victim receive additional ratings. For example, if it is difficult to drive a vehicle because a victim can not peer painlessly over the shoulder, a lawyer would like the victim to perform a range of motion test to document the victim’s limitations. Other tests may be needed to document persistent pain and disability.
3. Loss detection
Physical injuries lead to two types of losses: financial and not financial. The proof of both is necessary to pursue a successful claim for bodily harm.
In order to obtain evidence of financial violations, the injured victim must collect evidence of lost wages, medical bills and related expenses (such as the cost of crutches).
The lawyer of an injured victim will often have the victim signed so that the lawyer can obtain this information directly from any source.
Non-financial injuries include pain and suffering, emotional distress and the loss of life’s enjoyment. Non-financial injuries cannot be quantified. Doctors may be able to say that a patient is still suffering from pain, and sophisticated tests (such as an MRI) can help with pain, but there is no scientific test that can objectively measure pain.
Proof of the extent of pain and suffering depends largely on the statement