Simply being in a car crash, slip and fall or some other type of accident does not entitle you to damages beyond a possible property damage claim.  The law requires that you be actually injured in the accident to recover.  Those injuries can be generally any type of physical injury such as a sprain/strain, broken limb, torn ligament, etc.  You may also be able to recover for certain emotional and psychological injuries.  So how do you actually prove you were injured in an accident?  Generally speaking the evidence comes in the form of both objective and subjective considerations.

Objective considerations include the results of x-rays, MRIs and other testing.  Your medical records after the accident will be pivotal in providing the objective evidence.  Subjective considerations include your treating doctor’s diagnosis, your complaints to those doctors, your deposition/trial testimony regarding your symptoms and witness testimony, including your spouse or roommate, regarding your condition.

At some point the parties may involve medical experts to provide both subjective and objective evidence as to your condition.  An Independent Medical Examination involves an actual examination where your functionality and complaints are evaluated by a doctor.  Also a records review, which involves a medical professional reviewing your treatment records, may be performed to determine the reasonableness of the treatment you received and to investigate the need for treatment in the future.

The fact finder (the judge or jury) will evaluate both the objective and subjective considerations when determining whether to award you damages and in what amount.  If there is a lack of objective evidence such as x-rays or MRIs it does not mean you will not be able to recover.  It is simply one factor that the fact finder considers in its damages determination.

If you have questions about proving damages contact me today for a free no obligation case evaluation.