February 2, 2023

The Importance of Telling “The Story” of Your Personal Injury Case?

By Jonathan Damashek

Posted in

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If you hope to recover the compensation you deserve following an accident, you must tell your story to the insurance company, judge, and jury.

However, although you may believe you have enough evidence to support your case, your personal injury attorney must present the evidence in a way that helps the judge, jury, and insurance company sympathize with you and feel compelled to compensate you for your suffering.

It is crucial the facts are displayed in a way that tells your story accurately, so these parties connect with you emotionally and feel compelled to help you get justice.

What Evidence is Used in a Personal Injury Case?

To prove that another party is responsible for causing your injuries, your attorney will need to introduce valuable evidence that can show their negligence is responsible for your damages. This way, you can be awarded maximum compensation for your suffering.

Medical Records

Introducing your medical records can go a long way in proving the severity of your injuries, how much treatment you will need to achieve optimal health, and the costs associated with your medical care.

These medical records can show how impactful your injuries have been and the recovery of your personal injury story. This can show the court your medical need for the compensation you are seeking in your personal injury claim.

Witness Testimony

Having witnesses testify as part of your personal injury story could show the court exactly how your injuries occurred. Since the police, judge, and jury were not at the scene of the accident when you were injured, eyewitness statements can help determine who is responsible for causing your injuries.

Expert witnesses, including accident reconstructionists, can provide unique information and knowledge the jury and judge will need to understand negligence and liability in your case. Experts will also be able to testify whether they believe, based on a preponderance of the evidence, that the defendant breached their duty of care — a key element in establishing negligence and liability for your case.

Miscellaneous Evidence of Non-Economic Damages

Many injury victims are shocked to discover that they are entitled to compensation for non-economic and economic damages. The value of your non-economic damages can vary widely on a case-by-case basis.

However, to show the jury how significantly your life has been affected by your non-economic losses, you may need to be prepared to introduce compelling evidence, such as:

  • Journal entries describing your physical pain or emotional trauma
  • Reports from your mental health counselors, psychologists, and healthcare providers
  • Affidavits from your friends and family attesting to the specific types of non-economic losses
  • Photos of your injuries, where possible

Since non-economic damages are often subjective, providing evidence demonstrating the significance of your loss could make all the difference in whether you are awarded relatively for your damages.

Organizing the Evidence to Write Your Story

Evidence must be assembled and introduced accurately to tell the best story possible to the judge, jury, or insurance company. For example, it is not enough to simply describe that you suffered injuries due to a car accident.

By explaining how your day began, how your accident occurred, and the trauma you experienced in the aftermath of the accident, the jury may be more willing to sympathize with you and award you accordingly.

Here are the steps to presenting a personal injury story in court or with the insurance company:

  1. Describe the injury victim and where they were at in their life before the accident
  2. Go over the events leading up to the accident
  3. Describe how the accident occurred
  4. Describe how the injury victim’s life has been affected by their injuries emotionally, physically, and financially in detail, accounting for every loss

After meeting with your personal injury attorney in New York, you can better understand how to best approach telling the story of your injury case.

Your lawyer will be prepared to go over how your life has been affected, how the accident occurred, and invoke sympathy and empathy from those responsible for deciding whether you should be awarded compensation for your suffering.

Call HKD to Craft Your Personal Injury Case

When you are ready to tell your story but do not know where to turn for help after suffering a devastating injury, do not hesitate to contact an experienced New York personal injury lawyer at Hecht, Kleeger & Damashek, P.C.

We have years of experience telling our clients’ stories and recovering maximum compensation for the damages. Let us tell your story. Fill out our quick contact form or call our office at (212) 490-5700 to start today.