Wednesday, April 1, 2015

Proving Trauma

Personal injury isn’t only limited to physical harm. The graver but more difficult to prove injuries are usually emotional. A serious car accident can change a person’s life the next moment—and being unable to drive due to debilitating injuries is just the beginning. If the evidence of your injuries points to trauma, the payout can be pretty big.

Proving emotional damage requires more scrutiny into these claims, namely by a specialist or an expert witness. Judge and jury are expected to stay as objective as possible to ensure a fair trial, even if the judge feels sympathy for the victim. An expert witness’s unbiased report on the victim’s mental health will provide the pieces to solve this puzzle.

A personal injury attorney is usually the primary avenue to an expert witness, so you need only to cooperate with your attorney when he grills you about the incident.  The attorneys will contact expert witnesses to take a look at their client. Unfortunately, the client might not participate in dialogues between the expert witness and attorney under the attorney-work product doctrine.

However, the attorney can disclose information to both parties regarding the dialogue, namely the credibility of the expert and his or her unbiased opinion. This is especially the case if your attorney plans to use the information in court.

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