What can I do to prove I was injured in an accident?

 In Personal Injury

firstaidboxAs a personal injury attorney, I have the task of proving my clients were injured due to the negligence of others.  Unfortunately, sometimes my own clients make this task difficult to prove.  However, this difficulty can be easily avoided by remembering a few key facts: 

  1. Seek Immediate Medical Attention:  Some injury victims may only feel some minor aches and pains initially, so sadly, they assume that pain will go away and wait months to seek any medical treatment when the pain has become unbearable.  This approach makes my job extremely difficult.  The gap in treatment will create doubt that this accident was actually the cause of the pain. Even minor aches should be cause to get checked out after being involved in an automobile accident. There have been several occasions, when I have had insurance adjusters or defense lawyers tell me anything could have happened to cause the pain during the gap between the accident and seeking treatment.  For this reason, it is extremely important to immediately visit a health care provider and document your pain. When you do visit a medical provider, do not feel like you are just complaining or over reacting! It does not matter how slight the pain is initially.  Oftentimes, the pain is slight at first and gradually intensifies.
  2. Describe the Accident in Detail:  Be very specific, and tell your doctor exactly when and where the pain started.  Be certain to explain to the doctor that the pain started after an accident.  If you do not tell your doctor what caused the pain, he or she will not include it in the medical report. 
  3. Be Honest About Your Past: Oftentimes, individuals forget to tell their health care provider about prior injuries or accidents. I cannot stress enough the importance of fully disclosing your medical history to your medical provider.  If you fail to disclose relevant past injuries or accidents, the insurance company will immediately view you as someone dishonest.  In other words, they will think you are trying to hide something.  Prior accidents or injuries can at times actually help your case. Florida follows what is known as the “eggshell doctrine.”  The “eggshell doctrine” recognizes that some individuals are more fragile than others due to prior injuries or medical conditions.  For example, if you are someone with an extremely weak back you are more likely to sustain an injury as opposed to a person with a healthy back.  Do not be afraid to disclose your prior treatment and injuries to your treating physician. 
  4. Tell Your Attorney Everything: Make sure to tell your attorney everything related to the accident responsible for your injury.  In addition to telling your health care provider, it is equally as important to tell your attorney about any prior accidents and treatments. By knowing your medical history your attorney will be able to adequately represent you and help prove your injury was caused by the accident.

Image courtesy of freedigitalphotos.net by DigitalArt

Rafael DiazAttorney Rafael Diaz is a personal injury attorney with extensive knowledge in handling civil and criminal cases in both Federal and State Courts. Mr. Diaz is known for his commitment and attention to his clients’ legal matters, and he is fluent in both English and Spanish​




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