Proving Injuries After A Florida Car Wreck
Help in Proving Injuries From Accidents in Florida
Anyone who has ever faced a car accident injury in Florida know that the last thing you want to struggle with is the legal burden of proof. As you cope with medical treatment and the associated expense, trying to make up for lost time at work, and struggling to pay your bills, there’s a lot to think about besides proving your damages and injuries for financial compensation. However, this is an essential part of the process of taking care of yourself and your family. It doesn’t have to be a major challenge, though. If you understand the process of proving damages and injuries in
Florida, it will be much easier, so read on to learn more.
What is your burden of proof?
As the plaintiff, seeking compensation for car accident injuries, it is your legal burden to adequately prove that your injuries were caused by the incident in question, rather than from another situation. You may have to demonstrate this to a jury or to a judge, depending on the circumstances.
What if you have a pre-existing condition?
A common misconception in Florida is that you cannot seek financial compensation for a pre-existing condition that is exacerbated by an auto accident. In reality, Florida law indicates that any plaintiff who experiences a personal injury should be compensated to place them back where they were before the accident. Thus, if your pre-existing condition is worsened by an auto accident, you can still seek financial recovery for your injuries and losses.
Medical care and treatment records
When you are in a Florida auto accident, you will need your medical records to prove your injuries and associated costs. You should always get a full medical evaluation right after a car accident. If you wait to seek treatment, then your injuries are not recorded right away and the defendant’s insurance company can claim that your injuries were caused by something else.
You also need to have your medical records for any pre-existing injuries so that you can effectively demonstrate what your condition was before the accident and compare that to your present condition.
Ensure that you are keeping a thorough record of each visit and appointment with a doctor, a rehab center / physical therapist, a chiropractor, or a hospital. Keep a calendar to show when you went to appointments. This will help your attorney to locate and collect your records.
What about witnesses?
If there were witnesses to your auto accident, then they can provide statements and testify about what happened. Family and friends can also act as witnesses to how the quality of your life has changed. If you have trouble sleeping or are unable to engage in formerly enjoyed activities or regular personal care, your family and friends can testify to this. This is where your pain and suffering can be proved in your case.
Aside from these personal witnesses and witnesses to the accident itself, your lawyer may call upon expert witnesses. These are typically accident reconstructionists and doctors who can review the case or your medical records to express the likelihood that the accident occurred as you say it did and that the injuries sustained can be attributed to the accident.
You may have a lot of questions about your own case, so contact a car accident attorney to learn more.