In personal injury claims, certain types of injuries can be challenging to prove due to their subjective nature or the lack of visible evidence. In these cases, your personal injury attorney should be able to collect appropriate medical documentation and expert medical opinions, and use persuasive legal advocacy to establish damages.
The Hardest Injuries to Prove in a Personal Injury Claim in Florida
Invisible Injuries
Severe injuries that do not result in visible external signs, such as traumatic brain injuries (TBI), other head injuries, spinal cord injuries, back injuries, or internal organ damage, can be challenging to prove without objective medical evidence. Accident victims may require specialized diagnostic tests, imaging studies, expert medical testimony, and reputable personal injury law firms to get necessary financial compensation for medical treatment and physical therapists.
Delayed-Onset Injuries
Some injuries, such as traumatic brain injury, internal bleeding, or organ damage may not manifest symptoms until days, weeks, or even months after the accident, making it difficult to establish a direct causal link to the incident. It can be challenging to prove that the injury was caused by the accident and not by intervening factors without timely medical documentation and expert analysis. Typically, these types of injuries incur higher medical bills later on due to delayed diagnosis and complex treatment.
Soft Tissue Injuries
Soft tissue injuries, such as whiplash or muscle strains, may not show up on diagnostic tests like x-rays, CT scans, or MRIs. Subjective symptoms reported by the injured party are necessary to prove the extent and severity of these injuries. This makes them susceptible to skepticism or dispute.
Chronic Pain Conditions
Conditions like fibromyalgia, complex regional pain syndrome (CRPS), or chronic back pain can be difficult to objectively diagnose and quantify. Proving the existence and impact of these conditions may require extensive medical documentation, expert testimony, and evidence of how the condition affects the individual’s daily life.
Psychological Injuries
Psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, or depression, can be just as debilitating as physical injuries but are often less visible and more challenging to prove. Establishing a causal link between the injury-causing event, negligence, and the psychological symptoms in court may require expert psychiatric evaluation and testimony from a medical doctor.
Complications of Pre-existing Conditions
Injuries that exacerbate pre-existing medical conditions, such as a herniated disc or another long term disability can be challenging to attribute solely to the accident or incident in question. The insurance company may argue that the injured party’s symptoms were pre-existing or unrelated to the accident, leading to disputes over liability and compensation.
You can maximize your compensation not only for broken bones and other obvious injuries, but also for hard to prove car accident injuries caused by an at-fault driver if you retain the services of an experienced attorney. A skilled personal injury lawyer will be able to pursue a successful insurance claim to prove that the defendant’s negligence caused your injuries.
Burden of Proof in Florida Personal Injury Lawsuits
In Florida personal injury cases, the burden of proof rests with the plaintiff, who must establish the defendant’s liability for the injuries sustained. Your attorney must establish the following legal elements:
- Duty: The defendant owed a duty of care to the plaintiff. For instance, in a car accident claim, you would need to prove to the insurance companies that the other driver owed you a duty of care.
- Breach: The defendant breached the duty of care by engaging in negligent or wrongful conduct. This may involve actions such as speeding, distracted driving, or failing to maintain property in a safe condition.
- Causation: The plaintiff must demonstrate that the defendant’s actions directly contributed to or caused the harm suffered.
- Damages: The plaintiff suffered actual damages as a result of the defendant’s conduct. This may include physical injuries, emotional distress, medical expenses, lost wages, and pain and suffering.
Evidence Your Lawyer Can Obtain to Prove Your Personal Injury Claim
Your lawyer plays a vital role in gathering evidence to support your personal injury claim and increase your chances of winning the case. This includes:
- Medical Appointments and Records
- Accident Reports
- Witness Statements
- Photographs and Videos
- Surveillance Camera Footage
- Expert Witness Testimony
- History of Prior Incidents and Complaints
- Documentation of Damages
- Social Media and Electronic Evidence
- Employment Records
- Insurance Policies and Coverage
Factors That Can Make Personal Injury Claims Difficult to Prove
You need a seasoned personal injury lawyer on side when liability of the defendants is hard to establish.
Ambiguous Damages
Ambiguity in damages refers to situations where it is challenging to quantify or prove the full extent of the injuries and losses suffered by the injured party. This ambiguity can arise when the injuries result in subjective symptoms, such as pain and suffering, emotional distress, or loss of enjoyment of life, which are inherently difficult to measure in monetary terms. Additionally, non economic damages like pain and suffering may vary widely from person to person, making it challenging to establish a clear value.
Questionable Liability
Questionable liability refers to situations where there is uncertainty or dispute regarding whether the other party is at fault for the accident or injuries. This uncertainty can arise when there are conflicting accounts of the accident, insufficient evidence to establish fault, or disputes over legal responsibility. For example, if there is conflicting eyewitness testimony, it can be challenging to determine liability in a personal injury suit. Similarly, in cases where multiple parties may share some degree of fault, such as in a multi-vehicle collision, determining each party’s level of responsibility can be complex.
Discuss a Winning Legal Strategy with an Experienced Personal Injury Lawyer
At Larry Moskowitz, PA, you can benefit from aggressive advocacy that meets over 35 years of trial experience. Attorney Larry Moskowitz and his team are committed to maximizing your financial recovery backed by our formidable record of winning large settlements and verdicts in personal injury cases, including automobile accidents, slip and fall incidents, and medical malpractice claims.
Not only an experienced personal injury attorney, Moskowitz’s background as a former prosecutor brings a strategic edge to your personal injury case, ensuring aggressive trial preparation and assertive advocacy at every step. Remember, with Larry Moskowitz, PA, no recovery means no fees for you. Call us today at 866-312-0708 to schedule your free consultation.