How Medical Records Can Make Or Break An Injury Lawsuit

If you have suffered an injury, the first thing you need to do is attend to your injuries. Not all injuries will have apparent symptoms at the scene, so even when you feel okay, you still need medical attention.

Moreover, seeking medical attention does more than addressing the injuries suffered. The documents from your treatment journey become the central evidence in your personal injury claim.

It’s almost impossible to succeed in your claim in Alaska if you never sought treatment for your injuries. Moreover, you cannot win the case without the evidence from your medical reports that justifies your injuries and suffering.

Wondering how much value medical records have in personal injury lawsuits? Keep reading to know more!

This guide looks into the critical role of medical records and how they can make or break your case.

What Medical Records Do You Need To Make Your Case?

What Medical Records Do You Need To Make Your Case

The more medical records you can gather, the more evidence your personal injury lawyer will have to work with. They will be able to build a personal injury lawsuit that claims the maximum compensation for your benefits.

Moreover, your medical documents should include the hospital bills, doctor’s prescriptions, diagnostic test results, treatment plans, progress notes, and expert opinions.

With the help of these medical documents, your personal injury lawyer will file a personal injury lawsuit. Moreover, they will have the best intentions for you in mind while calculating the compensation claims.

Establishing Causation For Injury Lawsuits

To recover compensation for damages suffered, you must show that the accident caused the injuries sustained.

And, with the help of the medical records and documentation, your personal injury lawyer can easily establish the causation for the injury lawsuit.

Moreover, the medical records document the details of your injuries and their severity. This can help your personal injury lawyer to identify the defaulter in the case and prove the party’s negligence.

For example, if you are rear-ended, a diagnosis of whiplash helps add more weight to your rear-end accident claim.

This is because it is a common injury in rear-end accidents. But of course, you would need more substantial evidence to build your personal injury lawsuit.

Additionally, with the help of the medical records, your lawyer will be able to craft a narrative for your case. Through the narrative, he will demonstrate the direct link between the chain of incidents and your injuries.

This will further help the personal injury lawyer in justifying as well as establishing the causation behind your injuries.

Establishing Damages For Injury Lawsuits

Damages refer to compensable harm suffered in an accident, which can be either economic or non-economic.

Medical records such as hospital bills, receipts for prescription medication, and invoices for medical and living aids help in this.

They establish the economic losses incurred in your treatment journey and usually form the largest chunk of economic damages.

Moreover, medical documentation provides substantial details about the overall medical expenses of the victim. Utilising the medical records, the personal injury lawyer is able to calculate your compensation claim from the party at fault.

Additionally, other medical documents such as doctor’s notes, diagnostic test results, and medical expert opinions help in evaluating the level of pain.

They can act as a guide when valuing non-economic damages by the lawyer for the personal injury lawsuit.

Related: How Are Damages Calculated In A Personal Injury Case?

Validating The Severity Of Injuries

“The jury doesn’t rely on the plaintiff’s word to determine the severity of injuries. Remember that the preponderance of evidence standard applies to all civil cases, so every statement or claim must be backed with evidence,” says Alaska personal injury lawyer Daniel Libbey of Libbey Law Offices, LLC.

For example, if you claim partial disability, you must back that claim with evidence. Here, your medical record can show that a doctor has made the determination based on their medical professional evaluation.

Furthermore, medical records also help with medical prognosis if you file a claim before achieving maximum medical improvement.

This prognosis can help offer a guide into what medical intervention you would need in the future. It details your continuous care and the effect the injuries will have on your quality of life.

Your personal injury lawyer collects this medical prognosis to develop a compensation claim for your injury lawsuit. And, in this, your chances of getting fair compensation are high.

While working on your personal injury lawsuit, your personal injury lawyer delves deep into the details of your case. They investigate the information of your injury case to determine the necessary steps for you to get fair compensation.

Challenges With Medical Records In Injury Lawsuits

While medical records are critical in proving a case, they can also work against you in some cases.

For example, if they show instances of missed appointments with your doctor, the opposing sides can use that against you by claiming you are partly to blame for the deterioration of your injuries.

So, in order to get fair compensation for your injuries, you need to provide medical records that support your claims. Moreover, your lawyer will notify you about the challenges that you might face with your medical records, before applying for a claim.

The kind of arrangement you have with your health provider can also cause problems in your claim. For example, suppose you had a personal relationship with a treating physician.

In that case, the statements of the medical professional will be questioned for favoring your claims. The opposing party might attempt to blame your treating physician for giving false-statements based on his personal relationship with you.

With the opposing side’s claim that the doctor has vested interests in your claim, your injury lawsuit might face a drawback. So, it is important to review your records with your personal injury lawyer to address such issues before they become a huge problem.

Moreover, with prior knowledge about the intricacies of the case, your lawyer can guide you. They can inform you about the challenges you might face in the personal injury lawsuit and help you counter them efficiently.

Read Also:

Leave A Reply

Your email address will not be published. Required fields are marked *

0 Reply

No comments yet.