Proving Injuries in a Non-Subscriber Work Injury Case
If you were injured on the job and your employer does not subscribe to a Texas workers' compensation plan, you have what lawyers refer to as a "non-subscriber work injury case." Unlike a workers' compensation case where you must file an administrative claim for benefits through a state agency, with a non-subscriber case, you must file suit against your employer to seek fair compensation.
Arguably the single most important step in winning your work injury lawsuit is proving the extent of the injuries that you sustained. Do so poorly and even if you win you won't get fair compensation. Do so well and you stand to be awarded considerable compensation. In this article, we'll explain the approach that our attorneys take to proving our clients' injuries in non-subscriber work injury cases.
Questions Answered on This Page:
- How do I prove the value of my injury in a Texas work injury case?
- How much compensation can I receive if I'm hurt on the job in Texas?
- What kinds of evidence is needed to prove my injuries?
How Do You Prove Your Injuries
Juries can't pay you for injuries that you don't properly quantify. If you fail to show them not only the extent of your injuries but also the financial burden those injuries create, then you can never expect juries to know how much to make the negligent defendant pay you. Just like anything else that one proves to a jury, it all comes down to having the right evidence.
There are several kinds of evidence you'll need to use in order to prove up you injuries. You could use:
- Documentary evidence: which includes paperwork that shows the extent of your injuries or how the injury occurred: like accident reports, medical records, and written witness statements.
- Demonstrative evidence: would be things like photos, video, or graphics. This could also include dramatic reenactments. One technique that our attorneys have found to be particularly helpful is to show the jury video footage of the actual procedure that the client experiences. It really gives them a good feel for how bad things were for our client.
- Witness testimony: would include sworn statements of witnesses to your accident. We had a case not too long ago where a dock worker was crushed by an 18-wheeler that pinned him against a wall. Perhaps the most significant piece of evidence in that case was an eye witness who described how it sounded when he heard our client's bones break right before he let out a scream of agony. If you cringed at reading that, just imagine how impact it would be hearing a grown man struggle to fight back tears as he explained this account, and you'll get a pretty good idea as to why this type of testimony is effective.
- Expert testimony: A special class of witness called an expert witness is one who is a specialist in some field relevant to the case. For instance, in a case involving a forklift that was allegedly defective, a former engineer for a forklift manufacturer may be retained to explain to the jury what was wrong, from his perspective as an expert, with the design of the forklift. Likewise, there are many experts, such as doctors, radiologists, main management physicians, etc., who we will routinely use to testify to a jury with respect to what our clients experienced and with respect to the full extent of their injuries. For example, we once had a case where a gentleman was injured by an 18-wheeler and had to undergo emergency surgery. The doctors mistakenly forgot to administer the full course of anesthesia drugs, so all they managed to do was paralyze him, yet he could feel everything they were doing to him when he was under the knife. You can imagine how important it was to have an anesthesiologist provide testimony explaining what that experience must have been like for our client.
Having this variety of evidence bolsters your case, and makes a difference in proving to the jury that you were injured and deserve compensation from your employer.
How Your Employer Fights Back
Simply put, your employer will argue to the jury that you are not hurt as bad as you claim. Their goal, of course, is to convince the jury that you should get less compensation than you'd like to receive. They will hire their own team of doctors and other expert witnesses to downplay the extent of your injuries. This is just all the more reason why you need an attorney of your own.
Why Hiring an Experienced Non-Subscriber Work Injury Lawyer is a Good Idea
We have over 25 years of experience handling non-subscriber work injury claims. We know this area of the law inside and out. If you give us a call, I'm confident we can answer whatever you questions you have about your claim. We can be reached anytime at (855) 326-0000.
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