How To Prove Your Injuries Were Caused by a Car Accident
Being involved in a car accident caused by another driver can be overwhelming. On top of dealing with the collision effects, you may need to prove that the accident caused your injuries. Insurance companies often try to minimize payouts or deny claims by blaming your injuries on pre-existing conditions. Even with a strong case, they may argue your injuries weren’t related to the crash to avoid fair compensation. Proving the link between the car accident and your injuries is crucial to securing the settlement you deserve. While the process can be frustrating, knowing how to establish causation can significantly strengthen your claim.
Common Injuries the Insurance Company May Dispute
Some of the common injuries insurance companies dispute to minimize payout or deny claims after a car accident include:
- Back pain or spinal injuries
- Soft tissue injuries, like whiplash and sprains
- Traumatic brain injuries (mild concussions)
- Joint injuries such as knees or shoulder injuries
Key Elements You Must Prove After a Car Accident
To succeed in your personal injury claim, you need to establish four key elements of liability:
- Duty: Show that the defendant owed you a duty of care, such as obeying traffic laws.
- Breach of Duty: Prove the defendant violated that duty, such as by reckless or negligent driving.
- Damages: Demonstrate that you suffered harm, such as medical expenses or lost wages.
- Causation: Provide evidence that the defendant’s actions directly caused your injuries.
How To Prove Your Car Crash Caused Your Injuries
To prove your injuries were directly caused by a car accident:
- Get Prompt Medical Care
Visit a doctor as soon as possible, preferably within 72 hours after the car accident, even if you do not feel seriously injured. This ensures your injuries are documented early, and any delayed symptoms can be linked to the crash.
- Follow Medical Advice
Attend all follow-up appointments, adhere to treatment plans, and follow your doctor’s recommendations. Skipping treatment can weaken your claim, as the insurance company may argue that you worsened your injuries by neglecting care or that you were not as seriously injured as you claim.
- Collect Evidence From the Scene
Evidence, including photos of the crash scene, your injuries, and any vehicle damage, are invaluable in linking your injuries to the car accident. Gather contact information from witnesses and request a copy of the police report to support your version of events.
- Build a Detailed Claim
Work with an experienced car accident lawyer to gather all evidence that supports your claim. This can include the following:
- Medical records showing injury diagnosis and treatment
- Medical bills and receipts quantifying expenses
- Imaging results such as X-rays and MRIs for invisible injuries
- Photos of your injuries and the accident scene
- Cost estimates for future care
- Work With Expert Witnesses
Expert witnesses such as medical experts and accident reconstructionists can validate your injuries by showing how the accident happened and how it caused your injuries or condition. Other expert reports, like those addressing your earning capacity after the crash, may further strengthen your case.
Contact a Jacksonville Car Accident Lawyer
Do not let the insurance company deny your right to compensation. Contact our Jacksonville car accident lawyer at The Pendas Law Firm to ensure your rights are protected.
The Pendas Law Firm also represents clients in the Ocala, Tampa, Orlando, Miami, Daytona Beach, West Palm Beach, Bradenton, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.
