Simply being in a car crash, slip and fall or some other type of accident doesn’t entitle you to damages beyond a possible property damage claim.  The law requires that you be actually injured in the accident to recover damages.  Those injuries can be generally any type of physical injury such as a sprain/strain, broken limb, torn ligament, etc.  You may also be able to recover damages for certain emotional and psychological injuries.  For these reasons, proving damages in a personal injury case is an essential requirement. So how do you actually prove you were injured in an accident?  Generally speaking, the evidence comes in the form of both objective and subjective considerations.

It’s All About the Evidence

Objective considerations include the results of x-rays, MRIs, and other tests.  Your medical records after the accident will be pivotal in providing objective evidence.  Subjective considerations include your doctor’s diagnosis, your complaints to your doctor, your deposition/trial testimony regarding your symptoms, and witness testimony regarding your condition. Witness testimony ca,n come from various people including your spouse or roommate.

At some point the parties may involve medical experts to provide both subjective and objective evidence as to your condition.  An Independent Medical Examination involves an actual examination where your functionality and complaints are evaluated by a doctor.  There is also a records review. Obviously, this includes an overall review of your medical and treatment records by a medical professional. However, it also includes a determination of the reasonableness of your prior treatment and the need for future treatment.

The fact finder (the judge or jury) will evaluate both the objective and subjective considerations when determining whether to award you damages and in what amount.  If there is a lack of objective evidence such as x-rays or MRIs it does not mean you will not be able to recover.  It is simply one factor that the fact finder considers in its damages determination.

As you can see, proving damages in a personal injury case is full of complications. So, please contact us with any questions or if you have a serious injury and need help.