Importance of a Thorough Medical Record in Your Personal Injury Case
Thursday, December 05, 2024
In every successful personal injury case, medical records form a vital foundation for your claim. A thorough medical record provides a written account of the injuries you sustained which is invaluable in painting a clear picture of the impact the incident has had on your life. Without proper documentation, it can be challenging to prove the impact of the injury as well as to justify the compensation you're requesting. The strength of your personal injury case when calculating the damages including medical expenses, lost wages, and pain and suffering, often hinges on the quality and comprehensiveness of your medical record. In this blog post, we will delve into the importance of having a thorough medical record in a personal injury case, and how it can impact the outcome of your claim.
Alt: Examining a Patient and Recording Findings
Establishes Causation
Establishing causation is a fundamental element in proving liability in a personal injury case, and a thorough medical record makes this easier. Proving causation can be complex and getting Dripping Springs legal help for injury cases such as our seasoned lawyers who understand the intricacies of medical records is a plus. Your medical record details the nature of your injuries, and how they were caused or exacerbated by the accident. As such, it proves that the defendant’s negligence caused the injury in question and not a previous or unrelated incident.
Show Evidence that Injuries Exist
Medical records are vital documents that can prove you were truly injured. However, obtaining the relevant medical record can sometimes feel like navigating a maze. The Health Insurance Portability and Accountability Act protects patient health information and how it can be used in legal proceedings, as such, requesting for them may seem daunting. Note that not all medical records are created equally. But some essential medical records that make it harder for the defendant or insurance adjuster to dispute your claim include:
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Emergency room records
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Doctor’s progress notes
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Diagnostic imaging
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Surgical reports
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Prescription and medication records
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Physical therapy and rehabilitation records
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Billing statements
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Medical records from before the accident, and so on.
Determining the Severity of Your Pain and Suffering
Personal injury cases often involve claims for pain and suffering which can be challenging to quantify. However medical records detail the severity of your condition, the treatment you've undergone, and the potential for ongoing health issues. This level of detail is required when conveying the extent of your losses and presenting a claim that truly reflects the severity of your pain and suffering.
Countering Claims of Pre-existing Conditions
Sometimes, the opposing party may argue that your injuries were pre-existing or unrelated to the accident such as cognitive decline leading to the injury. However, having a thorough medical record can effectively counter the claim by documenting your medical history before and after the incident. It provides a clear timeline of your health and helps you establish that the injuries are indeed a result of the accident.
Calculate Damages you may be Eligible
Calculating compensation for damages in a personal injury case is a complex process. There are no set rules for calculating the exact amount of compensation in each personal injury case as they are treated on a case-by-case basis. A thorough medical record like hospital bills lost wages, and cost of ongoing care helps a personal injury attorney calculate how much you may be eligible to collect in compensation.