When you’ve been injured in a Nevada automobile accident, you’ve got a lot of things on your mind, and the legal burden of proof is probably not the first thing on your list of priorities. You have to focus on your own recovery from injuries, finding a way to work again, and addressing the ever growing stack of medical bills. With everything else on your plate, you don’t want to worry about proving your injuries in court, yet this is an extremely important part of proving that you deserve to recover these damages. Fortunately, we are here to help when it comes to proving injuries and damages in a Nevada accident.
What are you expected to prove?
The things that you’ll have to prove to recover compensation for your auto accident injuries include the fact that the injuries exist, are as serious as you claim, and that they were not caused by anything other than the accident that you were in.
What if you have pre-existing injuries?
Many people in Nevada think that a pre-existing condition will keep you from recovering financial compensation, even if it was worsened by the accident. This is just a myth, and the reality of Nevada law is that you should always be made whole (or put into the position that you were in prior to the accident) by recovering your damages, even if you had a pre-existing condition that was worsened by the collision. A pre-existing condition will never stop you from recovering the damages you deserve.
How important are medical records?
When it comes to proving your injuries in a car accident case in Nevada, your medical records are essential. In fact, the wisest course of action is to receive your medical treatment right away. Even if you aren’t certain that you’ve been seriously injured, you need to get a full medical evaluation. If your medical care occurs right away and your injuries are officially recorded shortly after the accident, the insurance company will have a difficult time trying to claim that your injuries were caused by something other than the car accident.
Another instance where medical records are important is when you do have a pre-existing injury. In this case you need to be able to compare the injuries before the accident and after the accident to demonstrate exactly how the accident made your condition worse.
Make sure that you keep a careful and complete record of every instance of medical treatment that you receive. Make note of the date and time of each appointment, each session in physical therapy or rehab, and every hospital visit that you must endure after your accident. These records are going to make things much easier on your lawyer when he or she gathers evidence for your case.
What about witnesses?
Witnesses to an accident or injury in Nevada can come from those who actually witnessed the accident, from family members and friends who can attest to how things have changed for you since the accident, and from those who serve as expert witnesses on the details of injuries caused by accidents. The expert witnesses will evaluate all of your medical records and explain to a jury how your injuries are not an uncommon occurrence in accidents like the one you have experienced.
When it comes to other witnesses, you may find that your friends and family can testify to the way that your life has been affected by the accident. They can discuss your pain and suffering for the extent of the injuries and your loss of enjoyment of life. If, for example, your injuries keep you up at night, a relative can discuss this. If they have kept you from enjoying your weekly dance classes, your friends may attest to this. Your husband or wife might be able to reveal how your injuries have kept you from doing household chores and playing with your children. All of these things can be essential to winning your personal injury case and getting the compensation that you rightly deserve.
For any questions about personal injuries and the details of your case, contact a Las Vegas, Nevada personal injury attorney and learn more about what can be done to help you.