How Do I Prove My Injuries Are Permanent?

Posted by Bradley Thayer | Sep 13, 2021 | 0 Comments

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How do I prove my injuries are permanent?

The short answer is you (as the injured person) don't.  Please let me explain.

An injured person no doubt carries the burden of proving that the injuries he or she suffered as a result of an incident are permanent if he or she hopes to recover damages to compensate him or her for dealing with a permanent injury.

Testimony of a Medical Provider 

But, ultimately the most effective method to affirmatively prove permanent injury is through the testimony of a medical provider or doctor.  Where a doctor testifies to the jury and explains that, to a reasonable degree of medical certainty, the injured person more probably than not suffered permanent injury.

In some instances, an injured person might believe, personally, that they are permanently injured but their doctor is unable to testify that this is true from a medical perspective.  There may, then, be problems of proof in that case.  That injured person may not succeed in collecting damages for a permanent injury.

Where an injured person and their doctor are in agreement as to the nature and extent of their ongoing injuries and symptoms, though, then – through the doctor – this is how an injured person can prove they were permanently injured.

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Involving a Medical Provider is Expensive But Necessary 

It is common knowledge that doctors' time is valuable.  It is obvious, then, that it could be expensive for an injured person to involve their doctor in their personal injury claim and their pursuit of fair compensation.  At the same time, again, where the injured person has the burden of proving the extent of their injuries, that expense is often necessary.  This is why involving a personal injury attorney can be a value add for injured persons. 

A personal injury attorney can advance the cost of a doctor's time and assist in learning and obtaining a doctor's opinions.  Then, an injured person doesn't have to bear that expense out of their own pocket initially and they can gain clarity on what their future prognosis is from a medical perspective.  Additionally, clarity is gained as to the strength of the injured person's personal injury case as well.

Can you meet your burden of proof? Call one of our personal injury attorneys today to discuss your specific circumstances.

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About the Author

Bradley Thayer

Brad Thayer is a partner at the Schauermann Thayer firm. Brad is licensed in both Oregon and Washington. He has been practicing law since 2015. He was presented the 2018 Rising Star Award by the Clark County Bar Association. Brad's practice focuses on automobile collision, motorcycle, bicycle, pedestrian injury, dog bite, and myriad other types of injury and insurance cases. During his free time, Brad enjoys following the Portland Trail Blazers, playing basketball, going to concerts, and playing the drums. He especially enjoys hiking in the Columbia River Gorge and exploring other Northwest wonders.

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