If you were injured in a car accident and the other motorist was at fault, you may be entitled to financial compensation by filing a personal injury lawsuit against the other driver. However, insurance companies are making money and will resort to various tactics to avoid paying a large settlement. One of those tactics is to accuse you of faking your injuries or exaggerating the severity of your injuries to secure financial compensation. Fortunately, you can take steps to prove that your injuries were caused by the car accident and that the at-fault driver is liable. To defend yourself against accusations of a fake injury claim and collect the financial compensation you deserve, the role of an experienced car accident lawyer is paramount. They can guide you through the legal process, gather evidence, and present a strong case on your behalf.
How Do I Prove That the Other Driver Was At Fault?
To recover the financial compensation you deserve in a car accident, you must prove that the other driver was responsible for causing the accident. This involves demonstrating the four elements of liability:
- Duty of care: You must be able to prove that the other driver owed you a duty of care and that they had a responsibility to protect other drivers by following the rules of the road.
- Breach of duty: You must also show that the other driver violated this duty. For example, if the other driver was speeding, texting, talking on the phone, or engaging in unsafe or dangerous driving behavior, this is a breach of duty.
- Damages: You will also need to show that the car accident caused your injuries. If you were not injured and did not suffer any financial losses, you will not have a claim to pursue.
- Injury causation: Finally, you must show that the breach of duty was the direct cause of your injuries.
When Is It Difficult to Identify the Cause of a Car Accident Injury?
There are a wide range of injuries that are caused by car accidents, from minor cuts and scrapes to broken bones, organ damage, and traumatic brain injuries (TBIs). In some cases, the cause of your injury may be apparent. For example, if you suffered a broken arm in a car accident, proving that the injury was caused by the car accident will likely be a simple process. You will simply need to show that you did not have a broken arm before the accident. However, other injuries are more difficult to prove. This is why it is so important to seek immediate medical attention following an accident so that you can provide documentation about the cause of the injury.
How Do I Prove That My Injury Is Legitimate?
If the at-fault driver’s insurance company is accusing you of faking your injury or providing false information to secure financial compensation, there are proactive steps you can take to prove that your injury is real and that it was caused by the car accident, including the following:
- Collect as much evidence as possible. The more evidence you can collect, the more likely you will be able to prove your claim. Examples of evidence that can prove that your injury was caused by the car accident include photographs of your injury and the accident scene, a copy of the police report, witness statements, and copies of all medical bills, including surgeries, test results, follow-up appointments, and prescription medications.
- Seek immediate medical attention. Even if your injury seems relatively minor, it is essential that you are examined by a healthcare professional immediately following the accident. In the moments following a car accident, you may not experience pain and other symptoms associated with an injury due to the adrenaline coursing through your body. As a result, you may assume that you are uninjured, only to experience pain and other symptoms later when the spike in adrenaline has subsided. If you fail to seek medical attention, the insurance company will likely argue that your injuries must not be severe or that you are faking them if you did not find it necessary to seek medical attention immediately.
- Follow your healthcare provider’s advice. After you have been examined, and the severity of your injury is determined, your healthcare provider will recommend a treatment protocol. Depending on the type and severity of your injury, this may include surgery, physical therapy, and avoiding certain activities for a recommended period. If you do not follow your doctor’s recommendations or engage in activities that can aggravate your injury, the insurance company may argue that you are faking an injury or that your injury is not very serious.
- Keep an injury journal. The moments following a car accident can be chaotic and stressful, making it difficult to remember details about how you felt and the events leading up to the accident. It is highly recommended that you start to write down as many details as possible and keep a journal about the type of injury you have, the treatment you receive, and the pain and suffering you have experienced since the accident, including the physical pain as well as any emotional trauma, anxiety, or depression that you have experienced.
- Keep an injury journal. The moments following a car accident can be chaotic and stressful, making it difficult to remember details about how you felt and the events leading up to the accident. It is highly recommended that you start to write down as many details as possible and keep a journal about the type of injury you have, the treatment you receive, and the pain and suffering you have experienced since the accident, including the physical pain as well as any emotional trauma, anxiety, or depression that you have experienced.
Our Cincinnati Car Accident Lawyers at Wolterman Law Office Represent Clients Accused of Faking an Injury
If you were injured in a car accident and the at-fault driver’s insurance company has accused you of faking your injury, you are urged to contact our Cincinnati car accident lawyers at Wolterman Law Office as soon as possible. To schedule a free, confidential consultation, call us today at 513-488-1135 or contact us online. Our office is located in Loveland, Ohio, where we serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.