Medical records play an integral role in obtaining financial recovery for injuries sustained in a slip and fall accident. These records help prove that the injury suffered by the claimant was because of the fall. In such personal injury lawsuits, the proof of burden is on the plaintiff. Medical record review for personal injury law firms accurately documents the injury from the date of occurrence of the incident to when the judge examines the case. In addition, the hospital bill will substantiate the arguments for the demand for enhanced compensation. In this blog, we can learn why medical records are inevitable to successfully litigate a slip and fall lawsuit.
Elements That Have to Be Proven in a Slip and Fall Case
For the successful outcome of a slip and fall lawsuit, it is important to prove the below-given elements.
- The duty of care of the defendant towards the plaintiff.
- The breach of duty of care.
- Negligence of the defendant
- The slip and fall accident occurred due to a breach of duty.
- The cause of the plaintiff’s injury is the slip and fall accident.
Medical Records Prove Slip and Fall-related Injuries
- The civil courts have made it stringent to produce all the necessary documents that support the arguments raised in a slip and fall lawsuit. This can be owed to a history of fraudulent claims in personal injury cases. Therefore, this clearly shows the worth of medical records. Medical records are considered legal documents that help attorneys to arrive at the eligible compensation for the plaintiff. To sue someone for an injury, the plaintiff has to obtain official medical records that corroborate the entire incident leading to the injury. Consider an instance of a spinal cord injury after a slip and fall accident. In such circumstances, the results of the medical scans and X-rays will provide the required medical evidence. There can be multiple scan results but they serve as evidence for the severity of the injury.
- The medical records are authenticated by physicians, therapists, hospitals, and specialists. This supports the fact that the plaintiff is not fabricating the injury. The treatment history in the medical records proves that the injury is real. By identifying and summarizing the relevant areas concerning the injury from the medical records, the defense will have a hard time countering the arguments raised by the plaintiff’s attorney.
- The timeline of the medical encounters pertaining to the injury substantiates the medical expenses incurred and the impact of the injury on the life of the plaintiff. The degree of the disability can be analyzed based on the data extracted from the medical records.
- The clinical observations and physician’s prognosis for future courses of treatment elucidate the pain and suffering of the plaintiff.
- If the injury is catastrophic, medical records are used as proof of evidence to show that the injury will affect the plaintiff for the rest of his/her life.
- The medical history of the plaintiff in the medical records validates that the injuries for which financial compensation is pursued are not pre-existing conditions. This is a common argument raised by the defendant in personal injury claims. One of the possible allegations will be that the injuries sustained by the plaintiff are due to the medical condition that existed prior to the accident. In such demanding situations, medical review solutions document the details of the injury in a foolproof manner. The statements from the physicians are also recorded to affirm that the injuries arose from the recent accident.
Computing the Financial Compensation
- Attorneys require medical records of the plaintiff to frame arguments regarding the existence, cause, type, and severity of the injury. An appropriate settlement can be determined by evaluating the medical records for economic and non-economic awards.
- The costs incurred due to the injury can be tracked on the basis of hospital fees, ambulatory charges, medication, rehabilitation, and surgery if any.
- Intangible costs like chronic pain will also be reflected in the medical records.
- Non-economic costs like physical and emotional trauma and loss of quality of life can be quantified with medical record analysis.
- Accurately interpret the medical terms relevant to the case.
- Comprehensively analyze the critical areas of the case.
- Medical review services are customized.
- Detailed attention will be given to each case and helps attorneys in faster preparation for the trial.
- Attorneys can save both cost and time in evaluating cases.