Though every case is different, medical evidence is essential in just about every personal injury case. Unless your case involves solely property damage, we will need some type of evidence to prove your case. Keep reading to learn more about it. If you have questions, or need assistance filing a claim or lawsuit, contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
It is Difficult to Meet the Burden of Proof without Medical Evidence
As the plaintiff, it is up to you to prove your injuries. If you do not have medical evidence of them, then it can be difficult or impossible to prove said injuries. In fact, there are four elements that must be proven:
- The defendant had a duty of care.
- The defendant breached said care.
- The defendant’s breach caused your injury.
- You have suffered damages as a result of the injury.
Even if you can prove the first two, if you are not able to prove the last two then you will not have much of a case. It is not enough that a person hit your car, or that their dog bit you – there must also have been an injury to make an injury claim.
What Happens When You Don’t Have Medical Evidence?
It is not a stretch to understand that the insurance company’s goal is not to pay you as much as possible. in fact, their goal is the opposite – they want to keep their bottom line as high as possible. If you do not have enough or the right type of medical evidence, they may argue that you were not really injured, that your injuries weren’t the result of the accident, that you are exaggerating your injuries, or that you have a pre-existing condition and are blaming it on the accident you suffered.
If you wait to see a doctor, they may argue that since you waited so long, the medical treatment wasn’t necessary, or that you only went to the doctor because you realized you may have a case to win an injury claim. Of course, we will fight against these claims but it is much easier to win your case if you have medical evidence of your injuries.
Call a Personal Injury Attorney as Soon as Possible
There are many reasons to contact a personal injury attorney as soon as possible after an accident, including the fact that we can help you get the medical care you need. There may be an injury you believe is minor that we have seen a million times before. If you have sustained property damage in an accident, or have suffered any type of injury, then we highly recommend you contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.