Prior to filing a personal injury case, it is preferred that you have medical evidence to support your injuries. Medical records are often the most critical and essential pieces of evidence, as it is generally considered more objective than personal statements from the victim. Your medical records can assist in telling the story of your injury, document the extent of your injury, any treatment, and subsequent recovery. Medical records often provide the basic foundation of your case, and your medical treatment helps to support the claim.
Medical evidence help explain the severity of your injuries. It helps your attorney to prove how much your physical life was altered, and thus substantiating your claim for compensation for your injuries. In contrast, your lack of medical records may be used by a defense attorney or the insurance company to try and demonstrate that your injuries are minor, and thus you do not deserve as much compensation. If you fail to follow your doctor’s treatment recommendations, the insurance company can use that as evidence that your injuries are not as severe as you say.
Medical evidence is any form of medical records that were created by the medical providers who have examined and treated your injuries, laboratory results, images or even statements made by you to your providers. Medical evidence helps to establish a course of treatment. Notes from an examination by a physician will assist in documenting that you actually have an injury and document your complaints of pain over the time that you were being treated. These notes will help to show that there is a connection between your injuries and the accident. Medical evidence helps to prove that you are injured and thus prove that you are entitled to payment for your recovery. Sometimes the insurance company will try to claim that you had a pre-existing injury, so you may have to request your medical records from before the accident. Medical evidence can include:
- Physician’s notes
- Emergency room records
- Surgical notes
- Diagnostic and laboratory testing such as X-rays, CT scans, and blood tests
- Physical therapy records
- Medical bills
- Prescriptions medications
Your medical records describe the medical treatment that you received after a car accident. They can help your attorney prove the following expenses:
- Medical expenses
- Rehabilitation expenses
- Prescription medications expenses
- Lost wages
Not being able to afford treatment or lack of insurance is unfortunately a real problem in our current healthcare environment. Unfortunately, not getting treatment could diminish the value of your claims. The theory raised by defense attorneys is that if you were truly injured, you would find a way to be treated which could include going to the emergency room, free or discounted clinics, or treating on a lien basis. To be compensated, you really should try an exhaust all possible ways to obtain necessary medical treatment.
Medical evidence is critical if you are planning to file a personal injury lawsuit. If you have been injured in a car accident and want to file a personal injury claim against the at-fault driver, then contact an Eason and Tambornini car accident attorney in Sacramento today.
