If you were injured in an accident and decided to bring a personal injury claim against the negligent party. You may be thinking that since you’re experiencing pain and suffering since your accident then you should be compensated for your pain and discomfort. 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 prove that you are injured and win your personal injury lawsuit in Los Angeles.
2. If you were injured in an accident and decided to bring a personal injury
claim against the negligent party. You may be thinking that since you’re
experiencing pain and suffering since your accident then you should be
compensated for your pain and discomfort. 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 prove that you are injured and win your personal injury lawsuit in
Los Angeles.
3. The truth of the matter is that you may have discomfort and pain after an
accident, but if you don’t get medical treatment, then it is easy for the
defendant to paint the picture that you’re not 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, people that are injured get
medical treatment when they’re hurt. Get treatment at the time of the
accident and regularly follow-up with your doctors, or your chances of
winning your case are reduced .
4. When you’re filling out your medical paper work or speaking with your
doctor/nurse, you should communicate your symptoms, not just your
symptoms you’re having at that very moment, but your symptoms you’ve
experienced since the accident. If a part of your body is painful or numb or
feels different since the accident, make sure to indicate that in the medical
paper work, 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 in the intake paper work and directly to the doctors and nurses you
speak with.
5. When you’re communicating your symptoms to your medical
provider, identify specifically the 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 assists
the doctor in making they’re diagnosis. Again, the way you describe your
symptoms should be consistent with all of your medical providers.
6. If you’ve 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 doctor about your prior low back symptoms and
treatment. 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. There is no-one
who 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.
7. Whenever you plan on seeing a new medical doctor, getting new
tests or radiological studies, let your personal injury attorney know.
Your attorney is there to help guide you through the 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 be part of that process. In
your effort to seek assistance, you may be jeopardizing your lawsuit.
Keep your attorney in the loop.
8. Most importantly is to hire a good personal injury attorney, and to
have good open communication with them. A good personal injury
attorney will want to assist you through this process and get you the
most adequate compensation they can.