Follow your doctors treatment one defense to personal injury claims is that the plaintiff aggravated her injury through her own conduct after the accident accordingly you should always follow your doctors prescribed treatment if the doctor orders bedrest stay in bed. How to win a personal injury claim with pain and suffering damages is to be able to show documentation of your experience this includes journals diaries photos or videos that capture the effects of your injury or that show the difference between your lifestyle before and after the injury occurred. With personal injury claims proving who was at fault is essential if you cant prove the other party was negligent you might not win your case the smallest piece of evidence could make the difference in your personal injury case even a fitness tracker can support or upend other pieces of evidence. Winning your personal injury claim takes the mystery out of what to do after you or a loved one has been hurt it gives you the precise instructions you need to settle with an insurance adjuster handle the attorney for the other side and win a court battle