If you’ve been in a car accident in Pennsylvania, you will have a lot on your mind as you recover from injuries and try to get back on your feet. You won’t even want to think about your legal burden of proof when it comes to identifying who was at fault for your injuries. Yet, if you don’t direct your attention to proving your damages now, then you may not be able to collect the compensation that you deserve later. You can get guidance on proving your injuries in a car accident by reviewing the following information and by contacting a Pennsylvania auto accident attorney with your questions.
What You Need to Prove
You need to prove that your injuries were caused by the car accident and that you were not at fault for the accident. You may have to present this to a judge or a jury, so you need to gather evidence, like police reports, medical reports and bills, witness statements, evidence of lost wages, etc.
PA Laws Regarding Pre-Existing Injuries
It is a myth that you cannot recover damages for injuries if you have a pre-existing injury in Pennsylvania and are injured in a car accident. Legally, you must be made whole, or put back to your previous condition. Thus, if you have a pre-existing condition, you can still be compensated for the worsening of that condition. Pre-existing conditions will not prevent you from reaching a settlement or from winning a fair recovery for your damages in court.
Medical Records Prove Injuries
In most Pennsylvania car accidents, the medical records are essential to prove that the injury occurred, when it occurred and why it occurred. The insurance company will be happy to suggest that your injuries were caused by something other than the accident, so you need to seek medical care right away.
When you have a pre-existing injury, you will need the medical records from before and after the car accident. This will make it easier to compare your former condition to your post-accident condition and evaluate how the car accident created further damage and loss of functioning. Even if the new injury only made the old injury worse, you can demonstrate this and recover compensation.
As you can see, medical records are going to be the backbone of your case when it comes to proving your injuries. Keep careful track of your appointments with doctors, chiropractors, physical therapy and rehabilitation, and other treatment and prescription expenses. It helps to use a calendar of appointments with detailed information (medical care provider, reason for visit, time of visit) to keep your records and medical evidence organized and ready for your attorney.
Expert Witness to Discuss Injuries
Your Pennsylvania car accident attorney may decide to call in expert witnesses who can discuss your injuries. The witness will be able to demonstrate that these injuries were a direct result of the car accident. This will generally be a medical professional who looks through your files and explains to the
jury how and why your injury occurred and how your injuries are typical and common for accidents like the one that you were in. This make a big difference in a jury trial.
Non-Expert Witnesses to Discuss Quality of Life
Non-expert witnesses can be called by your lawyer to express how your quality of life has changed since the time of your injuries. If you have missed important occasions, are no longer able to engage in formerly enjoyed activities, and/or are unable to live your daily life as you did before (like caring for yourself, doing chores, making meals, etc), then you can further prove your case and receive a higher recovery for your suffering and loss. If you are dealing with a very serious injury case, these statements can have a significant impact. These witnesses are usually family and friends.
If you have questions about your case, or would like a free consultation, contact Greenville Automobile Accident Lawyer David r. Price, Jr. at 864-271-2636, or click the “LIVE CHAT” button on this page.
When you’ve been in a car accident in Pennsylvania, it’s a good idea to contact a personal injury attorney to make sure that you are well represented when it comes to receiving fair compensation.