If you or somebody you care about has been involved in a car accident caused by the actions of another driver, you should be entitled to compensation for your injuries. However, securing this compensation is going to involve dealing with aggressive insurance carriers and at-fault parties. A key factor in determining liability and obtaining maximum compensation revolves around having evidence to prove what happened.
This includes evidence that an injury actually occurred. Some of the most common evidence used to prove liability in these cases are the police report, video and photo surveillance, and statements from eyewitnesses. But how do you prove an injury in these cases?
How do I prove my car accident injury?
The number one way that you, as a car accident victim, can prove that you were injured in a car accident is to seek medical attention as soon as possible after a collision occurs. By seeking immediate medical care, you are both ensuring your well-being and also establishing a direct link between the car accident and your injuries. If you have recently been involved in an accident, you may need to contact our Chicago car accident lawyers today to discuss your case.
The following evidence can all be used to prove that you sustained an injury caused by a car accident:
- Records from emergency medical transportation
- Emergency room records
- Hospital records if you were admitted
- Records from your family doctor
- Records of any follow-up care you receive
- Proof that you sought physical therapy and rehabilitation
- Chiropractic records
Additionally, you will want to prove any pain and suffering damages you incur. Because pain and suffering may not necessarily come with bills and receipts, we suggest that you keep a daily journal that keeps track of your level of pain and documents how your car accident injuries have affected your daily life.
What evidence do you need for a whiplash claim?
Whiplash injuries can lead to immense pain and suffering for victims. These injuries can also require a victim to undergo significant medical care to make a full recovery. In order to prove whiplash injuries, a victim needs to have documentation from a health care professional that shows they have indeed sustained this injury. Whiplash injury signs and symptoms often do not appear until hours or even days after a crash occurs. If you are in an accident and begin to feel any pain in the hours or days after the crash, you need to go see a doctor immediately so these injuries can be documented.
How much do insurance companies payout for pain and suffering?
The total amount of compensation paid out for pain and suffering damages will vary depending on various factors related to the particular case. Generally, attorneys for the injury victim will use a multiplier to help calculate pain and suffering damages. This means that they will add up the total economic damages (medical bills, lost wages, out-of-pocket expenses) and multiply that by a set number (usually 1.5 to 5).
For example, if a car accident victim’s economic damages add up to $100,000, a Chicago personal injury attorney may multiply this number by three to arrive at $300,000 for pain and suffering damages. Thus, the attorney would ask for a total of $400,000 for their client.
Is Illinois a no-fault state for car accidents?
Illinois is not a “no-fault” state when it comes to car accidents. In a no-fault state, each driver turns to their own insurance carrier for compensation, regardless of which party caused the accident. Illinois is a fault-based state. This means that the driver(s) that caused the accident will be responsible for covering compensation for injuries and property damage of other parties involved.