How Important Is Evidence in A Personal Injury Case?
Evidence is critical in a personal injury case, although it seems that sometimes people do not realize what classifies as evidence. Evidence includes testimony of witnesses and the testimony of people involved in an accident, including passengers in the vehicle.
Evidence does not always have to be a concrete piece of information, like a photo or a smoking gun at the scene. It can be any type of information that can be gathered from another source that provided information relevant to the case.
In a personal injury case, some of the things that would constitute evidence would be the testimony of those involved in the case, eye witnesses and information in the medical records. It would be a very difficult case if someone claimed to have a lot of injuries from a car accident but their medical records did not support that. It is therefore important when someone does go to the doctor that they fully and accurately report their injuries to the doctor. This helps created good documentation (evidence!) of an injury.
You Could Keep a Diary or A Journal of What Happened in The Accident, Doctor’s Visits, etc.
I typically do not advise clients keep a journal if they have not already done so on their own. If a client has already been keeping a diary, however, would usually encourage them to continue doing so. A diary creates a real time record of what has been going on with their injuries and how they are progressing.
If there is a diary, it should truly be the client’s thoughts and not something that is done on the recommendations of the attorney.
People Might Unintentionally Hurt Their Ability to Receive Damages?
Probably the biggest mistake people make is not going to the doctor. This is particularly true with men, who typically want to avoid medical treatment. They do not want to go the doctor and do not want to complain about what is bothering them. What happens, thought, is they accidentally create the perception they are not really hurt.
On the other hand, some people tend to over treat. Some doctors know there is a potential claim so they try to implement a lot of different medical treatments to run up the bill and in turn create a larger settlement. This usually backfires, so it is not a good idea to see doctors of that type. The other evidence in the case will typically not substantiate the amount of medical treatment. Therefore, the client can end up in a situation where they owe the doctor a large sum of money but the insurance company will not pay for it.
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