When you are involved in a car accident where your car has been damaged, or you have suffered bodily injuries, i.e. personal injury, it is extremely important to document your damages and injuries by photographing them. The photos can be used, at a later time, to support your claim for injuries and property damage. More often than not insurance companies dispute your claim of injuries or the extend of your injuries, asserting that you are exaggerating your injuries, or being a malingerer. Furthermore, the damages to your vehicle are relevant to the injuries that you claim were caused by your car accident. Biomedical engineers are routinely used by insurance companies' personal injury defense lawyers, in car accident personal injury trials, to prove that the damages to plaintiff's vehicle indicate the amount of force necessary to cause injury were nonexistent. A biomechanical engineer works backward from evidence of the impact as depicted in the property damage photos (or physical examination of the vehicle if the vehicles still remain unrepaired) to measure the force of impact, or may rely on an accident constructionist testimony regarding force of the collision. Plaintiffs' car accident attorneys also use biomechanical engineers as well as accident reconstructionists' testimony to establish that force of the impact was in fact strong enough to cause the injuries that plaintiff suffered.
Moreover, expert medical doctors do partly rely on the photos of your injuries to testify as to the causation. Causation is the link between force of the impact that was exerted upon your body and the diagnosis of your injuries. Expert medical doctors are designated to testify at trial to educate a jury and judge regarding the alleged injuries caused by an accident. Conversely, insurance companies utilize trial testimony of their hired medical expert doctors to persuade trier of facts, jury or judge, that either you did not suffer any injuries by the alleged car accident, or your symptoms or medical condition you are suffering from pre-existed the alleged accident, their insured caused.
Car accidents are unintentional, caused by drivers who failed to follow the law which regulates driving on roadways, or simply did not pay adequate attention to make sure not to hurt and injure other people. A claim for injuries, therefore, is made under the theory of negligence. To be able to recover monetary damages under the law a claimant must prove that the driver was negligent; hence, he owed a duty not to cause injury to others while driving, and that he breached that duty. However, the aforesaid two elements do not suffice for recovery of monetary damages. You must also show that you suffered injuries in order to make a personal injury claim in a court of law and moreover you must prove that those injuries were the consequence of the accident. Usually, in car accident personal injury cases, the disputed issue revolves around the injuries. And this is where photos are useful to show that right after the accident evidence of injuries and property damage were preserved by being photographed. Your medical doctors, ambulance, or hospital will not usually expend the effort to photograph your injuries. Therefore, you must preserve evidence of your personal injury yourself by taking photographs of the body parts that show force of an impact, such as seatbelt, steering wheel, etc. Also, take photograph of the damages to your vehicle as the police officers usually do not.
Remember, insurance companies are not in the business of paying out claims, but rather to deny and delay claims in order to avoid payment. Consequently, every weakness in your car accident personal injury case will be exploited by the insurance company that is responsible under the law to pay for your car accident injury claim. Therefore, you best document every aspect of your car accident injury by photographs and other documentary evidence including police report, hospital report, medical doctors' diagnosis and prognosis, and the need for any surgery, etc.
For more information regarding preservation of your car accident injury evidence and to receive the best Los Angeles car accident lawyers' advice contact the Majlessi Law Firm.
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