To prove injuries and recover compensation for a car accident, either from an insurance company or in a lawsuit, you will need to show evidence of three components: 1) that you incurred injuries; 2) the extent of these injuries and the damages they have resulted in; and 3) that the other party was responsible for causing your injuries. These three components can be tricky to do, especially when going up against a large insurance company.
- First, proving that you incurred injuries. This is usually the easiest part of proving injuries in a car accident, as physical injuries are hard to dispute. This is even more true if you sought medical care for your injuries and have proof of doctors’ or hospital visits. In order to prove your injuries, you will likely need to provide your medical chart related to your injuries, receipts for care, and perhaps even testimony from your doctor.
Proving Physical Injuries is Easier Than Proving Psychological Injuries
Keep in mind that proving physical injuries is much easier than is proving psychological injuries for obvious reasons (physical injuries are visible to the naked eye, whereas psychological injuries are not). However, this does not mean that you are not entitled to compensation for your psychological injuries. Again, proof of seeking medical treatment will be necessary to prove psychological injuries.
- Proving the extent of your injuries and related damages. The second thing that you will need to prove is not only that you sustained injuries, but that these injuries have had a negative effect on your life in myriad ways. For example, has your broken leg prevented you from being able to work? Has this resulted in lost wages? Are you in pain? Will you require long-term care? Are you facing financial dilemmas due to seeking medical treatment? If so, you will need to prove it. Medical bills, doctors’ notes, testimony from your employer, and more can all be used to substantiate the damages you have suffered.
- Finally, proving that your injuries would not have been sustained but for the actions of someone else. This is the most complex aspect of proving injuries in a car accident, and will require a thorough investigation and organization of evidence.
Keep in mind that you may not be filing a claim against another driver or another driver’s insurance company; it is possible that your accident was caused to the negligence of someone other than a driver, such as a manufacturer. Regardless of whom you are filing suit against, you will have the burden to prove your injuries. If you fail to do so, you will not be able to recover compensation. Proving your injuries is easier said than done. And while you may assume that your injuries and the extent of harm that you have suffered are obvious, do not be surprised when you experience pushback from the insurance company.