Legal How-To: Proving an Injury

News features

In most personal injury cases, the main point of contention is proving who was at fault for an accident or an injury. But just as important is proving the injury itself and the extent of the harm. Damages are an essential element of any injury claim and even if you can prove another party was negligent, you won’t be entitled to any recovery if you can’t prove your injury.

Depending on your circumstances, this could be as simple as an x-ray of a broken hip after slipping and falling in a store. Other injuries may be much more complex or hard to demonstrate. Here are some considerations for how to prove an injury:

Physical Injuries

The most important first steps you can take in a personal injury case are documenting what happened and documenting your injuries. The first step to proving your injuries is proving when and how they happened.

If you are involved in an accident or hurt by a product, document the incident with detailed notes and photographs, if possible. Make sure to keep track and get copies of any official documentation like police reports and medical diagnoses.

In some cases, you may not know the exact moment you are injured. Injuries from toxic exposure or medical malpractice may take time to develop or identify. So you may be required to do some research for paperwork or documentation. Qualified injury attorneys will know exactly where to look for injury evidence, as well as how to secure expert testimony regarding hard-to-prove injuries.

Emotional or Reputational Injuries

Not all injuries are broken bones – some tort cases can involve damage to our psyches or reputations. And proving emotional distress or reputational injury from defamation can be more difficult than printing out a doctor’s bill.

In an emotional distress case, some courts may require evidence of a physical or bodily injury accompanying the emotional trauma, as well as evidence marking the intensity or severity of your mental anguish. And while demonstrating personal humiliation or harm to one’s reputation in the community for a defamation claim may be a challenge, there are some statements that are so damaging that they are deemed defamatory on their face and are therefore presumed to be harmful.

Proving an Injury: Checklist

An experienced personal injury attorney will be able to assess your claim and advise you on the legal requirements to proving your injury. But there are three ways that you can help:

Document the Incident: Personal notes, pictures, and interviews;
Research the Reports: Police reports, medical records, billing statements; and
Assist your Attorney: Give your personal injury lawyer as much information as possible.

Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured)
Do I Have a Personal Injury Case? (FindLaw’s Injured)
Medical Malpractice: Documents Checklist (FindLaw’s Injured)

Source: Legal Law Firm

Personal Injury Results

SETTLED MILLIONS

Settled Millions

Truck Accident

Neck Injury/Surgery

Policy Limits Settlement

Palm Beach County

Settled Millions

Truck Accident

Neck Injury/Surgery

Policy Limits Settlement

Broward County

Settled Millions

Premises Liability

Neck/Back Injury

Policy Limits

Miami-Dade County

Settled Millions

Negligence

Neck/Back Injury

Policy Limits

Miami-Dade County

Settled Millions

Car Accident

Back Injury/Surgery

Policy Limits Settlement

St. Lucie County

Settled Millions

Motorcycle Accident

Traumatic Brain Injury

Policy Limits Settlement

Martin County

Settled Millions

Bicycle Accident

Leg amputation

Policy Limits Settlement

Palm Beach County

Settled Millions

Truck Accident

Fractures & Herniations

Policy Limits Settlement

Miami-Dade County

Settled Millions

Car Accident

Neck & Back Injury/Surgery

Policy Limits Settlement

Martin County

Settled Millions

Car Accident

Neck & Back Injury/Surgery

Policy Limits Settlement

Palm Beach County

Settled Millions

Car Accident

Neck & Back Injury/Surgery

Policy Limits Settlement

Broward County

Settled Millions

Car Accident

Neck & Back Injury/Surgery

Policy Limits Settlement

Miami-Dade County

Settled Millions

Motorcycle Accident

Fractures/Broken

Policy Limits Settlement

Palm Beach County

Settled Millions

Truck Accident

Fractures & Herniations

Policy Limits Settlement

Martin County

Settled Millions

Truck Accident

Neck Injury/Surgery

Policy Limits

Palm Beach County

Settled Millions

Truck Accident

Neck Injury/Surgery

Policy Limits

Miami-Dade County

Settled Millions

Truck Accident

Neck Injury

Policy Limits

Palm Beach County

Settled Millions

Truck Accident

Back Injury

Policy Limits

Broward County

Settled Millions

Truck Accident

Neck Injury/Surgery

Policy Limits

Palm Beach County

Settled Millions

Car Accident

Neck Injury

Policy Limits

Palm Beach County

Settled Millions

Car Accident

Wrongful Death

Policy Limits

Martin County

Settled Millions

Trip & Fall Premises

Spine Injury

Policy Limits

Miami-Dade County

Settled Millions

Slip & Fall Premises

Spine Injury/Surgery

Policy Limits

Palm Beach County

Settled Millions

Motorcycle

Neck

Policy Limits

Palm Beach County

Settled Millions

Motorcycle Car Accident

Paralysis & Brain Injury

Policy Limits

Martin County

Settled Millions

Bicycle Accident

Head, Neck & Spine Injury

Policy Limits

Miami-Dade County

Settled Millions

Pedestrian Car Accident

Wrongful Death

Policy Limits

St. Lucie County

Settled Millions

Motorcycle Car Accident

Paralysis & Brain Injury

Policy Limits

St. Lucie County

Settled Millions

Bicycle Car Accident

Paraplegic/wheelchair

Policy Limits

Palm Beach County

Settled Millions

Car Accident

Paraplegic/wheelchair

Policy Limits

Broward County
Personal Injury Lawyers

FREE case evaluation

SUBMIT CASE DETAILS

Want Case Evaluation Priority?

Submit your case to our Priority Evaluation list.

Yes! I want Priority Case Evaluation

Office Locations

Palm Beach Gardens

Injury Legal Firm

3801 PGA Blvd #600

Palm Beach Gardens, FL 33410

Appointment Only

West Palm Beach

Injury Legal Firm

3001 Broadway

West Palm Beach, FL 33407

Send Mail Here

Miami

Injury Legal Firm

7695 SW 104th St Ste 230

Miami, Florida 33156

Appointment Only

New York

Injury Legal Firm

155 E. 49th St, St 7E

New York, NY 10017

Appointment Only