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Why Medical Evidence is Important in Your Personal Injury Case

Whiplash

If you were injured in a traffic collision, you likely have many questions regarding compensation. An attorney is essential in being fairly compensated for your pain and suffering, medical expenses, lost income, and other damages, and can help you understand what negotiations with the other party, and the next few months or years will look like in terms of the settlement process. One of the key elements to a successful verdict or settlement is medical evidence of your injuries. Without medical evidence of your injuries, it is incredibly difficult to be compensated fairly, as it makes it easy for the other party’s insurance company to claim that you are exaggerating the severity of your injuries, or that they are made up entirely.

Four Parts to a Personal Injury Claim

A personal injury claim or lawsuit depends on four basic elements:

  1. The defendant owed you a duty of care;
  2. The duty of care was breached;
  3. The breach of that duty of care was the proximate cause of harm; and
  4. Proving one’s damages caused by breaching duty of care.

To put this in the context of a traffic collision:

  1. All road users owe one another a duty of care to drive in a safe, prudent manner and to use reasonable care to avoid causing harm to others;
  2. Another driver breached this duty by speeding;
  3. Evidence suggests that the driver’s speed caused the collision because they lost control of their vehicle and ran into you, causing your injuries; and
  4. Your damages of pain and suffering, medical expenses, lost wages, and property damage amount to $100,000.

As such, there are many aspects of a personal injury claim that must be proven by your attorney. You must be able to show that the other driver broke the rules of the road and caused the collision in which you were injured, and then you must offer proof of your damages. Assessing the true cost of a plaintiff’s damages takes many months, as the victim’s long term physical and emotional outcome of a crash is often not known early on. One of the most important pieces of evidence in proving the value of a claim is medical evidence.

Examples of Medical Evidence You Need to Win Your Case

  • Emergency Department records;
  • X-rays, CT scans, MRIs, and other imaging;
  • Surgery records;
  • Physicians and nurse notes in your chart;
  • Lab results;
  • Blood work results;
  • Ambulance records;
  • First responder records and notes; and
  • Psychological/emotional healthcare records including PTSD test results.

Our Orlando Personal Injury Attorneys Will Help You Gather Evidence As Soon As Possible

Whether you are currently in the hospital or have been discharged, or if you have yet to seek medical attention, our Orlando personal injury attorneys are available to help. To get started today, call the Payer Law Group at 407-307-2979 to schedule a free consultation. It is best to act soon to begin preserving evidence and to build the case that you were, indeed, severely injured.

https://www.payerlawgroup.com/how-is-pain-and-suffering-calculated/

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