Medical records are the key factor in every personal injury case. If you do not have any documents proving you are injured, there is nothing to present for your claim. And guess what…
Your medical records are the difference between a lower or higher settlement amount. These documents are what determines how much compensation you get after a personal injury accident.
Here is what you will learn:
- Why your medical records are important
- What kind of records are necessary
- How documentation affects your settlement
- Mistakes to avoid with your medical records
Why Medical Records Matter in Personal Injury Cases
Medical records are the foundation of your personal injury case.
If you are injured and need to be treated, you must see a medical professional for documentation. Medical records are what take your word and prove you are injured. Insurance companies are not going to believe you have been hurt unless there is some type of document to prove it.
When your personal injury attorney takes your case, one of the first steps will be collecting and organizing your medical records. These documents include emergency room reports, physician notes, imaging results, treatment plans and more.
Why are medical records so important? Let’s take a look…
Medical records are the biggest line item in personal injury expenses. In fact, industry data show medical expenses comprise a significant portion of all case costs. This is how important documentation is.
The medical records provide three pieces of information needed to establish a case. The documentation will prove you were hurt, you were hurt in the accident, and how much your injuries have affected you. If you cannot prove all three elements, then you do not have a case.
The Types of Records That Strengthen Your Claim
Not all medical records are equally important in personal injury cases.
Certain types of records are needed to prove a case, while others provide supporting evidence. It is important to understand which types of documentation will help your case the most.
Essential records include:
- ER reports – this will prove the initial impact
- Diagnostics – any imaging reports that show the extent of the injury
- Doctor’s notes – provide an objective look at your injury and your treatment plan
- Prescriptions – medication prescribed to help with your pain and injury
- PT documentation – if you went through a rehabilitation process
- Specialist consultations – a second opinion or a referral
Each type of document provides part of the evidence necessary for your case. Emergency room reports provide the facts of the case right after the accident. The doctor’s notes give a professional opinion as to the injury and what you need to recover. The prescriptions show you were in pain and in need of medication to recover.
Something most people fail to realize…
The records need to create a timeline. If you were injured, but there is a significant delay in seeking medical treatment, then insurance companies will have something to argue against. The longer you wait, the more likely it will be for them to fight back against the claim.
The records have to show the injury, the medical treatment needed, and your recovery process. Otherwise, insurance companies will question your story and hurt your personal injury case.
How Documentation Affects Settlement Values
The value of your settlement is based on your medical documentation.
Insurance adjusters read your medical records to determine the following. One, are your injuries real? Two, what compensation do you need? If you have the right documentation, it is hard for them to argue against your claim.
The statistics show just how much medical documentation can help you. It is reported that nearly 95% of personal injury lawsuits end in pre-trial settlement agreements. The medical records can determine if that amount is enough or shortchanges you in some way.
Here are a few ways strong documentation can help your case:
- It can prove the severity of the injuries through documented medical evidence.
- It can accurately calculate the damages with all treatment costs incurred for the accident.
- It will project future medical needs as a direct result of the accident.
- It can shut down defense arguments that are meant to minimize your injuries or the impact they have on your life.
This includes non-economic damages, such as pain and suffering. If you have notes documenting chronic pain, limited mobility, or other ways your daily life is affected, that can be used as evidence in the settlement value.
If your medical records are spotty or missing some parts of your treatment, then it makes it harder for insurance companies to take your claims seriously.
Common Mistakes That Weaken Your Case
People make mistakes all the time when it comes to medical documentation.
The worst mistake you can make is waiting to get treated. If you wait, there is room to argue that your injuries are not real or were not a result of the accident. Insurance companies will search for this type of information to turn against you.
Here are other mistakes that can potentially weaken your case:
- Failing to complete treatment as recommended by your physician
- Missing medical appointments
- Failing to report all symptoms to your doctor
- Losing copies of medical records and reports
- Being inconsistent with the symptoms you are reporting
Missing an appointment can be viewed as a lack of concern as to your health. If you skipped appointments, then they will argue you did not really think your injuries were that bad. And if you fail to report some of your symptoms, you can come off as not being thorough and honest.
Missing medical documents can make it appear you were trying to hide some of the facts. The inconsistency is a very good way to make insurance companies take a different look at your claim.
Instead, you need to do the following:
- See a medical professional after an accident
- Follow your doctor’s treatment recommendations
- Attend all scheduled appointments
- Report all your symptoms to your doctor
- Keep all copies of medical reports and documents
- Be honest about your symptoms to all medical providers
You need to do everything in your power to improve your health. If you follow these steps, you are going to make a much stronger case for your claim.
The Role of Expert Testimony
Expert testimony can play a role in some personal injury cases.
In many cases, your medical records alone are enough. However, for complex cases, you may need a medical expert to give testimony. They will be able to explain certain aspects of your medical records. For example, you can get an expert to talk about treatment plans or explain a poor prognosis for a medical condition.
It can take some medical information and turn it into something the jury understands. Complex data can be confusing, but a medical expert can use their skills to help you with your case.
If your personal injury lawyer believes you need expert testimony, they will know how to get one.
Wrapping It All Up
Medical records are the most important tool in any personal injury case.
It will prove you are injured, the accident caused the injury, and the overall impact the injury had on you. If you do not have medical records to present, then your case is likely to fail.
Here are the final thoughts to keep in mind:
- Get medical help after an accident
- Follow through with your doctor’s orders
- Keep a copy of all medical records
- Be completely honest about your symptoms
- Hire a personal injury attorney who knows the importance of medical records
The difference between a fair settlement and one that is not enough is often your medical records. It is something you should take very seriously as it can make a huge difference.
