How Medical Records Can Strengthen A Car Accident Claim

A car accident case involving more than one vehicle typically falls under negligence. Accidents happen when the driver breaches his/her duty of care, either by driving too fast, driving under the influence of alcohol or drugs, using mobile phones when driving, or not following traffic signals. To prove the case, attorneys may have to prove four key elements such as – duty of care, breach of that duty, causation, and damages. Personal injury attorneys can rely on professional medical review services to organize and summarize the medical records collected to support the case.

To make the negligence clear to a jury or a judge and to prove that fact, claimants or their attorneys have to gather all critical evidence, mainly medical records. Ranging from paramedic/ambulance records to emergency room/clinic records, follow-up appointment records, physical therapy records and X-Rays, CT Scans and MRIs all serve as clear evidence for the victim to get a fair compensation in a car accident claim, or to win the lawsuit. When it comes to a lawsuit, the affected person must ensure that they maintain all records from the moment the injury was reported to the concerned authorities, to when the case comes before a judge.

Here’s how medical records can strengthen a car accident claim –

• Medical records such as physicians’ statements and reports on the nature of the injuries establish that the claimant was injured in the accident, and proves to the jury that the injury is real and accident-related. It will also make it hard for the defendant parties to deny their negligence and thus the claimant may get a better settlement offer.
• Relevant medical records highlight that the injuries have nothing to do with the claimant’s underlying conditions. Often in personal injury cases, it happens that the defendant party’s insurance company tries to deny liability on the ground that the claimant’s injuries or pain and suffering, stem from a pre-existing medical condition. In such cases, medical records are crucial to prove that the injuries resulted from the car accident and didn’t exist beforehand. It is important that the documentation contains the treating physician’s opinions stating that the injuries are new and resulted from the recent crash
• Medical records help to get an idea of the financial costs and thus determine the claim’s value. Medical records often cover all financial costs related to ambulatory services, surgeries, treatments, prescriptions, rehabilitation, and hospital visits. Using these records, attorneys can easily prove damage elements and justify the settlement request. Healthcare records show the timeline of the injury and the impact of those injuries on the claimant’s life, the extent to which it will continue to affect the claimant’s life, and the estimated future costs.
• Medical records also detail the severity of the injuries, how severe the damage is, and whether the injured individual is able to work further, after the accident. If the doctor reports that the victim cannot work for a significant period of time, this can be included under economic damages, compensating the plaintiff for lost wages.
• Medical documentation also plays a key role in negotiating a settlement, as it usually provides a medical professional’s opinion on the cause of the injuries and medical treatment that the injured person wants to be compensated for, and the future treatment they may need for the injuries.

It is important to submit a complete set of medical records that includes every date of received treatment, a full description of injuries from immediately after the accident through all the treatment, the outcome of injuries, future treatment needs and the medical bills incurred due to the accident.

Along with relevant medical records, attorneys may also have to collect other evidence such as copy of police reports, witness statements, and photographs of the accident scene and more to prove that it was the defendant’s actions that specifically caused the accident and injuries. Both plaintiff and defense sides can benefit from medical record review for attorneys that help to understand the details of the case and determine the case’s strengths and weaknesses.