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How to Prove You are Injured

- November 5, 2015

In personal injury cases, you go to court to prove who was at fault for an accident and who is responsible for your injuries. It’s easy to prove the extent of damages to a vehicle. The challenge is proving the extent of an injury when involved in an auto accident or work related injury. Proving your injury along with current and future repercussions is critical in order to make sure you are awarded the claim you deserve.

Physical Injuries

Physical injuries may be proven by showing an x-ray of a broken arm or dislocated hip. Some physical injuries are more difficult to prove, such as whiplash. You may not feel the symptoms of whiplash at the scene of the accident, so neck pain is not noted in the police report. Whiplash cannot be detected in an x-ray. So, how do you prove an injury that is difficult to detect?

It is important to go to the doctor immediately following any accident. In dealing with injuries that cannot be proven with physical evidence such as an x-ray, you need to have any complaints and observations noted by a physician on your medical record.

Keep a Diary

Whether you are dealing with a worker’s compensation claim or a personal injury claim from a car accident, keep a diary of your daily condition. When injured in any situation, it’s important to take notes about your healing process. Note any of the following:

  • Stiff Neck
  • Back Pain
  • Blurred Vision
  • Dizziness
  • Trouble Sleeping
  • Anxiety
  • Depression
  • Headaches
  • Continued Swelling
  • Reduced Range of Motion

If you are not comfortable with writing or physically are unable to write, then use the voice or video recorder on your phone. If you do the voice or video recordings, email them to your attorney as you record.

 

Emotional Stress

Dealing with any injury is stressful for both you and your family. If you are the financial backbone of the family, the added stress of paying bills can impact the healing process. Include the stress you are feeling due to financial burdens in the journal.

In order to back-up claims of emotional stress, keep copies of your bills, late notices, bank statements and late fees. Keep a copy of any correspondence written to bill collectors explaining your situation.

It can take some time for psychological problems such as Post Traumatic Stress Disorder (PTSD) to show up. PTSD can result when anything traumatic occurs, this can include falling off of a scaffold or a collision with an 18-wheeler. If psychological problems arise, the journal will help illustrate any problems and decline in being able to emotionally cope.

Long Term Suffering

Some injuries you may not fully recover from and may directly impact your ability to collect the wages you earned before the accident. An experienced attorney can work with your medical and therapy team to help you determine what kind of settlement to negotiate and accept. The stakes are too high to try and handle proving an injury and negotiating your future on your own.

Related Articles:

When Should You Hire a Lawyer?
4 Most Common Reasons for Worker’s Comp Denials
How is Pain and Suffering Determined?

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