Proving that you have serious injuries

A plaintiff in a personal injury case has the burden of proving his or her case. It’s our job to put the best personal injury case possible together for our clients. One of the elements that needs to be proven is that an injury occurred. Generally, the more serious the injury, the higher the settlement or verdict will likely be.

There are several ways the extent of an injury can be established during a trial.

1. Personal testimony

You can testify as to your physical capabilities before and after the injury. You can discuss how the injury has impacted your life, the degree to which your activities have been limited, the amount of pain you’re in and how often, and the amount of times your activities have been curtailed. You could also talk about the emotional and psychological impact the injury has had and its impact on your relationships and ability to work.

2. Video evidence

Often, personal injury plaintiffs will have a “day in the life” video produced. In addition to your testimony, a video can show a judge or jury an average day in your life, making it clear what you can and cannot do.

3. Testimony of fact witnesses

People who knew you before your injury and who know how it has limited you can testify as to the injury’s impact of your life based on what they have personally witnessed (such as the facts that you rarely get out of bed, need a cane to walk, no longer engage in hobbies, etc.).

4. Testimony of a treating physician

Your treating physician can testify as to his or her observations of you, tests and results, the diagnosis made, treatments and chances of a recovery.

5. Testimony of expert witness

A doctor who is a specialist and expert in your type of injury may examine you and your medical records and testify about your condition, its causes, its impact on your functioning, how much pain you’re experiencing, your treatment and your prognosis for a recovery. This expert may have reviewed x-rays, CT or MRI scans, or blood tests and could testify as to what they show and that expert’s opinion as to what they mean.

6. Medical records

Medical records, x-rays and scan results can document the facts of your injury when you first obtained medical treatment and your condition as you’ve continued to get medical help. They can also spell out your diagnosis, how often you received care, what’s been done to treat you and the effects of treatment.

7. Medical bills

Serious injuries often result in multiple treatments, which create very expensive medical bills. A plaintiff claiming to be seriously injured and facing long-term impairments may have a difficult time proving it without a showing of extensive medical bills.

If you or a loved one has any questions or concerns about an injury and your possible legal rights for recovery, contact our office for a free consultation.