This is the latest installment in an ongoing series where I explain the legalese used by accident lawyers and car insurance companies in Philadelphia as well as across the nation.
In a previous post, I talked about the duty of care, and how proving the at-fault party breached this duty is the first step of a successful negligence claim. In this installment, I’ll break down the next step: proving the other party’s conduct caused your injuries.
Proving the Injuries Caused Loss
In any claim or lawsuit, the plaintiff (the party who is bringing the action) must show the defendant’s conduct caused the specified injury or injuries.
For example, Karla is suing Dennis, claiming that she suffered whiplash when Dennis rear-ended her car during a traffic backup on Philadelphia’s Schuylkill Expressway. Karla (the plaintiff) must provide evidence that the whiplash was due to being rear-ended by Dennis and not due to some other accident or event.
Pre-Existing Conditions?
A pre-existing condition means that you had previously injured the same part of your body that was hurt in the car accident. The law states that, in general, the person hurt in an auto accident cannot recover for a pre-existing condition, but he or she can recover for any worsening of that condition caused by the accident.
The existence of a physical problem before the accident may raise medical and legal issues for accident attorneys. Our challenge is to prove, via expert medical testimony, that the auto accident caused you additional injury.
I always stress to my Philadelphia area clients the importance of identifying any pre-existing injuries and any complications that result from them. Generally speaking, the at-fault driver is not responsible for injuries or medical conditions that existed before the car accident. However, if the auto accident makes your injury worse, the at-fault driver is responsible for paying the additional lost wages, medical bills, and pain and suffering caused by the aggravation of your injury.
The Importance of Documentation
The plaintiff must show evidence of his or her injuries and other monetary losses to be compensated. If you are the plaintiff, it’s important to keep complete and detailed records of all injuries, medical expenses, wage loss and property damage. This includes:
- Lost wages and time at work
- Medical treatment and prescriptions purchased
- Car rental costs
- Child care costs
Besides financial records, I also recommend keeping a notebook of how your injuries have affected you. Describe things like:
- The aches and pains
- How bad it hurts
- The limits to your mobility
- The activities you can and cannot do
The reason why journaling is important is simple: the claims process can take time and it’s easy to forget just how much the injury affected you given time to heal. By maintaining a journal, you’ll create a powerful resource your accident attorney can use to win a higher claim from the at-fault party.
If you live in the Philadelphia area and have been involved in a car accident through no fault of your own, my law firm can help you recover fully from any injuries you’ve suffered. Call (267) 627-4JOE (267-627-4563) or visit www.joemitchellattorney.com to schedule your free initial consultation.
