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Many personal injury cases are settled during negotiations with the insurance company. However, your case may need to go to trial. In either situation, it is crucial that you document your injuries to maximize your compensation for damages. Our New Jersey personal injury attorneys discuss tips for documenting injuries and damages for a personal injury case here and during your free case review with an attorney.
Steps for Documenting Injuries for a Personal Injury Lawsuit
The following guide can help victims effectively document their injuries. These steps will help you establish a clear record of injuries sustained in the accident, the treatments you received, and how your injuries impacted your life. All these matters are essential elements of proving a personal injury claim.
Seek Immediate Medical Treatment for Injuries
Delays in medical treatment could cause your injuries to worsen. It could also hurt a personal injury case. The other party may allege that your failure to seek prompt medical care is the reason your injuries are as severe as you claim. The other party may claim that you are “faking” your injuries because you did not seek medical treatment right after the accident.
It is crucial to see a medical provider as soon as possible. Report all symptoms to your doctors and follow their treatment plan.
Take Photographs of Your Injuries
Taking photos of your injuries allows the jury or insurance adjuster to “see” the severity of the injuries. Reading about an injury in a medical record and seeing it in pictures elicits vastly different responses. It is wise to photograph your injuries throughout your recovery to show how long it took.
Obtain Expert Opinions
You may need opinions from expert witnesses, including medical professionals, rehabilitative specialists, and vocational experts. Medical and other experts provide an unbiased opinion of your injuries, including how your injuries will impact your life now and in the future. Expert opinions can add credibility to your claim.
Document the Impact of Your Injuries on Daily Life
Maintaining a detailed injury diary helps you track your injuries and establish a timeline for your recovery. It tracks your symptoms, which helps your doctors with a treatment plan and prognosis.
Your injury diary tracks how your injuries impact your daily routine and activities, including restrictions that prevent you from caring for your children, working, or caring for your personal needs. It can also provide details to help a jury understand the pain and suffering you experienced because of your injuries.
Strengthen Your Legal Claim
Failing to document your injuries could make it more difficult to win your case. Inconsistent and incomplete documentation could raise doubts about whether the accident caused your injuries. Documenting your injuries helps establish causation for your injuries, negligence by the other party, and the severity of your damages.
You have the burden of proof in a civil case. You must establish the legal elements of a personal injury claim. An attorney can help you document your injuries to build a strong case proving the other party is legally responsible for your injuries and damages.
Schedule a Free Case Evaluation With Our New Jersey Personal Injury Attorneys
You deserve to be compensated for all damages and harm caused by another party’s intentional torts or negligence. Contact Nagel Rice LLP to discuss how much your case is worth and how documenting damages can give you a better chance of receiving a fair settlement. Our New Jersey personal injury attorneys offer free case reviews for injured parties and their families.