One of my legal advice columns was published on ABC Action News in Tampa a few weeks back (link to article). Below are the highlights of my article.
Are you trying to decide if you can or should sue a negligent party for an accident where you were injured? You’ve likely suffered since your accident and you may want to pursue a legal claim to get compensated for things like your medical bills, damages, pain, or suffering. Is that enough to win your lawsuit? No, it isn’t. 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.
Top 5 Ways to Win your Personal Injury Accident Case
- Get Medical Treatment.
- Get treatment at the time of the accident and regularly follow-up with your doctors. End of story.
- Be Consistent With Your Medical History.
- Not just your symptoms you are having that very moment, but your symptoms since the accident. Be sure to document your symptoms in both in the intake paper work and directly to the doctor/nurse.
- Be Descriptive With Your Symptoms.
- When communicating your symptoms to your medical provider, specifically identify the type of pain you are experiencing. Different types of symptoms indicate different types of injuries. Don’t write that you have “pain.” Describe the pain.
- Be Accurate About Your Medical History.
- If you’ve had prior medical treatment (let’s say a lower back problem) before an accident and then suffered a new back injury from your accident, it’s extremely important to tell all of your doctors about your prior lower back symptoms and treatment. The law allows you to bring a claim if an accident worsened (or aggravated) a pre-existing medical condition, but juries look harshly upon people who they perceive as not truthful.
- Communicate With Your Attorney.
- Whenever you plan on seeing a new medical doctor or getting new tests or radiological studies, let your attorney know. Also, if you decide to apply for disability benefits or for government assistance, it is critical that your attorney be part of that process.
Let me know if you have other questions and have a good day.
Personal Injury Attorney
McLaughlin & Stern
West Palm Beach Florida