Injuries in a car accident are common, and in many cases, inevitable. However, regardless of how minor or how severe your car accident injuries are, you will have to prove that your injuries were sustained through the car accident–and not an unrelated event–in order to be compensated for them. This is true regardless of whether you are filing your claim with your insurance company, or filing a personal injury lawsuit against the at fault party.
How to Prove Injuries
Proving injuries is not always straightforward, and an insurance company may deny your claim if you cannot produce actual evidence of your injuries’ causation. Proving that your injuries would not have been incurred but for your car accident requires the collection and presentation of the right evidence. This evidence includes, but is not limited to:
- Photographic evidence showing the position of the vehicles at the time of crash or/and damages caused to vehicles;
- Photographic evidence documenting the interior of a vehicle after a crash and showing potential causes of injury (ie., a deployed airbag);
- Witness testimonies regarding what happened;
- Police reports;
- Testimony of emergency medical responders at the time of the accident; and
- Medical charts, data, and physician testimony that speaks to the cause and extent of the injuries that you have suffered.
Things That Can Harm Your Claim
When you are trying to prove that the injuries that you suffered were directly due to your car accident, and that you deserve compensation for the full extent of your injuries, there are a few things that you should be aware of.
First, if you do not follow your doctor’s order regarding your treatment plan, then an insurance adjuster may not believe that your injuries are as serious as you are claiming them to be, and that you do not need compensation for treatment costs.
Second, if you exaggerate the extent of your injuries, the truth will likely be discovered. It is best to always be honest about the harm that you have suffered.
Third, be aware of the effect that social media can have on your claim. If you post pictures or status updates that imply that you are not as injured as you claim to be, the insurance adjuster may discover this, and therefore be inclined to reduce your settlement amount.
Seek Legal Counsel
The best thing that you can do when you have been in a car accident and need to prove the extent of injuries that you have suffered is to seek legal counsel. A car accident attorney can advise you on what to do, and what not to do, and can advocate on your behalf.