Proof in the PI Case: A Matter of Relatedness

by | Jan 2, 2014

In a typical personal injury case, as strange as it sounds, reality is of limited use as compared to proof. In other words, if a plaintiff can’t prove her injuries were related to her accident, it does not matter what the reality is. It is all about proof. The following is a list of tips for the wise person who unfortunately has just been involved in a motor vehicle collision in Virginia.

  • Watch what you say. Speak at the scene of the collision as if everything you say will be repeated in open court in front of a judge and a jury.
  • Take pictures of your vehicle. Visual evidence of a crash and property damage can be powerful to support claims of personal injury. Take pictures of all vehicles involved and do it at the scene, if at all possible.
  • Take pictures of visible physical injuries. Bruising, cuts, swelling and the like should be photographed at the various stages of their worsening/healing. This type of visual evidence too can often be powerful evidence to show a jury to prove the injuries are as severe as claimed.
  • Tell health care providers the truth–every visit–that you were in a motor vehicle collision and that the injuries/pain began as a result of the collision.
  • Follow doctors’ orders. Don’t miss appointments. Obtain imaging (MRIs, CT Scans, X-Rays, etc) they prescribe. Follow the treatment plan. This is important not just to your case, but it is important for your recovery.

The foregoing are ideas to help in the proof of personal injuries and their severity. It creates a record–real time evidence. A personal injury plaintiff can be legitimately hurt and have suffered through a lot of pain and inconvenience, but if she can’t prove it, she is going to have a hard time making a full and fair recovery. An experienced personal injury lawyer can help an injured person with much more thorough thoughts on proof, and solid representation is critical to achieving a maximized result.

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