Insurance Dispute Lawyer Blog
A recent Louisiana Court of Appeal decision, Cruz v. Creecy, underscores the critical importance of proving injuries in personal injury cases arising from car accidents. The case reminds us that even when fault is established, a plaintiff must still provide credible evidence of their injuries to secure damages.
The case started when Rosa Cruz was involved in a car accident with Martha Creecy. A lawsuit was filed, and the trial court found Ms. Creecy to be at fault for the accident. However, the court declined to award damages to Ms. Cruz, concluding she failed to prove she sustained any injuries directly caused by the accident.
Ms. Cruz appealed this decision, arguing that her testimony and medical records were sufficient to prove both injury and causation.
The Court’s Ruling
The Court of Appeal upheld the trial court’s decision, emphasizing Ms. Cruz’s burden to prove both the existence of injuries and that those injuries were caused by the accident.
- Credibility Issues: The court highlighted inconsistencies in Ms. Cruz’s testimony. She claimed to have vomited and suffered a head injury immediately after the accident, but this was contradicted by other witnesses and the police report. The court found Ms. Cruz to be an “extremely poor historian” and questioned her credibility.
- Medical Evidence: The court scrutinized the medical records, noting that Ms. Cruz’s initial complaints at the hospital focused on headaches and stomach problems. Only later did she report a wider range of symptoms to a chiropractor. The court found that the medical evidence did not definitively link her complaints to the accident.
- The Housley Presumption: Ms. Cruz invoked the “Housley presumption,” a legal principle that can help plaintiffs establish causation in personal injury cases. However, the court pointed out that this presumption only applies after an injury has been proven. Since the court found Ms. Cruz failed to prove she suffered any injury from the accident, the Housley presumption was irrelevant.
Key Takeaways
- Proving Injury is Essential: Even if the other party is at fault in a car accident, you must prove you were injured to receive damages.
- Credibility Matters: Your testimony plays a crucial role in proving your case. Inconsistent statements or a lack of corroborating evidence can undermine your credibility and harm your chances of success.
- Medical Evidence is Key: Medical records and expert testimony are often critical in establishing the existence and cause of your injuries.
- The Housley Presumption has Limits: The Housley presumption can be a helpful tool for plaintiffs, but it only applies if you can first prove you were injured in the accident.
Additional Sources:ROSA LOPEZ CRUZ VERSUS MARTHA CREECY AND USAA CASUALTY INSURANCE COMPANY
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Proving Damages: Louisiana Appeals Court affirms no damages should be allocated to minors Because of Lack of Proof and Harvey Man Denied Damages For Truck Falling On Foot, Importance of Proof in Lawsuits