How to Prove a Permanent Injury Claim

You don't need to prove death or serious dismemberment from a motor vehicle accident in order to collect damages for a permanent injury. Many state courts now compensate individuals for other kinds of permanent injuries from auto collisions. Get acquainted with your state's standards for rewarding damages in permanent injury lawsuits. The tips below offer specific guidelines. Check with your attorney before advancing a permanent injury claim.

Instructions

1. Plan on proving that the someone else's negligent act caused your injury. For example, another driver struck your car from behind, causing you to sustain neck and upper back pain requiring many months of chiropractic and orthopedic treatment.

2. Show that you sought immediate medical care after the injury incident. Remember to tell your health care provider that you believe your current complaints stem from the incident.

3. Claim a permanent inability to use a body organ or function, even if only in a limited way. For example, perhaps you can no longer use your hands to type at your regular job.

4. Expect to prove objective medical evidence of the permanent inability to use the organ or function. You must seek expert medical care and document all consultations with the expert.

5. Get a specialist to examine you and prepare a letter stating that his examination supports your complaints that you can no longer use the body organ or function. Make sure the specialist describes his examination in detail.

6. Prove that your permanent injury seriously limits your normal everyday activities. For example, you can no longer care for your grandchildren while your daughter is working. This causes you to lose income from your daughter and causes your daughter to incur the expense of hiring outside day care.

7. Add to your claim an expert's opinion that your injury remains permanent even with more treatment. For example, your specialist can say that he expects you to receive more therapy but even that cannot alleviate your condition.