July 1, 2024

How to Prove a Car Accident Injury?

Let the Delaware County Car Accident Lawyers at Anthony C. Gagliano III, P.C. Fight for the Compensation You Deserve

Proving that an injury was caused by a car accident can be challenging in many ways. Two hurdles people often face are pre-existing conditions and the absence of clear evidence, but there are others.

Every step in this process must be meticulous, from gathering comprehensive evidence to establishing causation. It requires a careful approach and expert analysis to demonstrate the link between the accident and the injuries sustained.

What Are Common Types of Evidence in Car Accident Cases?

Evidence serves as the cornerstone of any personal injury case, and proving car accident injuries is no exception. Thorough documentation is essential, including the following:

  • Medical Records: These documents provide a detailed account of your injuries, treatments, and their impact on your life. Organize them carefully and keep them readily accessible.
  • Photographs and Videos: Visual evidence of the accident scene and your injuries can be compelling. Take clear photos from various angles to accurately depict the injuries’ severity and progression. Dashcam and traffic cameras can also be helpful.
  • Witness Statements: Eyewitness testimony can provide vital insight into the circumstances of the accident and the injuries sustained. Collect statements from anyone who witnessed the accident or observed your injuries afterward.
  • Accident Reports: Official reports filed by law enforcement officers offer an objective record of the accident. Obtain a copy as soon as possible to support your case.
  • Expert Testimony: Medical experts can offer professional opinions on the cause and severity of your injuries. Their testimony can bolster your case and establish a clear link between the accident and your injuries.

How Else Can I Establish Causation?

Proving that your injuries were caused by the car accident is central to your case. You will need to demonstrate a clear link between the accident and your injuries, ruling out pre-existing conditions or other unrelated factors.

  • Timing: Promptly seek medical attention after the accident to establish a clear timeline for your injuries.
  • Follow Medical Advice: Adhering to your healthcare provider’s recommendations demonstrates your commitment to recovery. It also strengthens your case by showing that you have taken the necessary steps to address your injuries.
  • Pre-existing Conditions: You might need to differentiate between pre-existing conditions and injuries sustained in the accident. Clear documentation and expert testimony can also help here.

What if My Insurance Company Denies My Car Accident Injury Claim?

You have options if your insurance company denies your car accident injury claim. First, review the denial letter carefully to understand the reasoning. Then, gather additional evidence to support your claim, such as medical records or witness statements. You can consider appealing the decision or seeking legal assistance to navigate the appeals process.

An experienced attorney can advocate on your behalf and help you pursue the compensation you deserve. Remember, persistence and thorough documentation are key when challenging a denial of your car accident injury claim.

How Can Comparative Negligence Affect My Claim?

Comparative negligence means that if you are found partially responsible for the accident, your compensation may be reduced accordingly. Pennsylvania follows a modified comparative negligence rule. If you’re less than 51% at fault for the accident, you can recover damages. However, your compensation is reduced by your percentage of fault. If you’re 51% or more at fault, you can’t recover damages.

 

Let the Delaware County Car Accident Lawyers at Anthony C. Gagliano III, P.C. Fight for the Compensation You Deserve

For trusted legal representation in Philadelphia, Montgomery County, Delaware County, Bucks County, Chester County, and Norristown car accident injury cases, turn to the experienced Delaware County car accident lawyers at Anthony C. Gagliano III, P.C. Our dedicated team is committed to advocating for your rights and helping you obtain the compensation you need to move forward with your life. For a free consultation, call our Philadelphia and King of Prussia, Pennsylvania, offices at 267-861-7100 or submit our online form.

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