In personal injury cases, medical records play a crucial role in documenting the extent of injuries and establishing a link between the injury and the incident. These records are vital for substantiating claims, negotiating settlements, and, if necessary, presenting evidence in court.
Our peers from Marsh | Rickard | Bryan, LLC, explain how your attorney may use your medical records in your case and how important accurate, complete medical records are for properly valuing your claim.
Establishing The Extent And Nature Of Injuries
Medical records provide an account of the injuries sustained in an accident. They include details such as:
- The initial diagnosis made by healthcare professionals, which helps identify the nature and severity of the injuries.
- Records of the treatments prescribed, including surgeries, medications, and physical therapy, demonstrate the steps taken to address the injuries.
- Ongoing notes on the patient’s recovery process, including improvements or complications, illustrate how the injuries have affected the individual over time.
These details are essential for proving the extent of injuries and how they impact the victim’s life, both physically and emotionally.
Linking Injuries To The Accident
One of the key roles of medical records is to establish a connection between the injuries and the accident. Insurance companies and opposing counsel will often scrutinize the medical records to verify that the injuries claimed are consistent with the accident described.
Your personal injury lawyer will assist you in understanding these important implications.
Supporting Damages Claims
Medical records are vital for calculating and substantiating damage claims in personal injury cases. They provide evidence for:
- Medical Expenses: Records of hospital bills, prescriptions, and therapy costs help quantify the financial impact of the injuries.
- Lost Wages: Documentation of the time off work due to injuries supports claims for lost wages and future earning capacity.
- Pain and Suffering: While harder to quantify, medical records that show significant pain, emotional distress, and long-term effects of the injuries can help justify compensation for pain and suffering.
Addressing Disputes And Challenges
In some cases, opposing parties may challenge the severity of the injuries or question the authenticity of the claim. Medical records serve as a critical defense against such challenges by providing:
- Expert Testimony: Medical professionals who prepared or reviewed the records can provide expert testimony to corroborate the claims.
- Historical Context: Records of past medical history and prior injuries can clarify that the current injuries are indeed a result of the accident, not an unrelated issue.
Medical records are integral to personal injury cases, serving as foundational evidence for establishing the extent of injuries, linking them to the accident, supporting damage claims, and enhancing the credibility of the victim’s account. Your attorney uses your medical records, both immediately after the accident and afterward, to substantiate your claim.
