An injury can happen in a multitude of ways, whether you slipped and fell at a grocery store, got into a fender bender on your way to work, or were injured by someone else’s negligence, then you may have a personal injury case. While an injury may not seem severe at first glance, the aftermath can send ripples through your everyday life. You may not be able to attend a concert because you can’t stand for long periods of time because of a car accident, or you may not be able to exercise as frequently due to a bike accident.
Regardless, balancing your day to day routine, dealing with pain, trying to recover, and navigating an insurance claim can be extremely difficult on your own, and it may cause you to overlook some of the more critical aspects of a personal injury case.
When you pursue compensation through a personal injury claim every part of your case matters, but one aspect that should not be overlooked is your medical records. This documentation is absolutely essential to your injury case as it can legitimize your injuries, demonstrate the severity of your ailments, and act as your primary piece of evidence to an insurance provider.
As your Utah Personal Injury lawyers we can not stress the importance of medical records in your case enough. Which is why, in this article we will be delving into exactly what these records do for your case.
Why Medical Records Matter
Evidence of Injury:
In a personal injury claim evidence is the most important aspect of your case as your potential settlement is completely reliant on the evidence that is collected. What counts as evidence in your case? Insurance companies will look at: the damage done to your vehicle, a police report detailing what happened in your accident, and witness statements from anyone who may have seen your accident occur.
However, the most pivotal piece of evidence you can have for your case, and what insurers will look through the most, is your medical records. Medical documentation is the tangible proof of your injuries, especially those that are not visible. These records detail every part of your injury and the subsequent recovery, from your initial diagnosis, to the treatments you attended, to levels of pain experienced, and any estimates on any future medical treatment that you will need.
A large part of your personal injury case involves proving that the injuries you have suffered from were directly caused by your accident, and were not preexisting conditions, and these records are the best way of proving this.
Establishing the Severity of Your Injuries:
The value of your personal injury case is directly tied to the injuries that you have suffered from, as well as how severe they are. Your medical records help to establish the extent of your injuries, and may include information about the nature of your ailments as well as how life altering they might be.
An insurance company makes their money by minimizing your claim as much as possible. One way they can do this is by stating your injuries are less severe then you claim, this is especially common with brain injuries. Lets say for example that you have suffered from a concussion, if you simply state to the insurance that you have had a concussion they will ask for proof. Without medical documentation illustrating the severity of your brain injury, and the details of your concussion, an insurance company can decide that your injury does not exist and therefore should not be paid for.
Linking Injuries to the Accident:
As insurance companies try to minimize your damages they will often fight over whether your injuries were preexisting, or if they were actually caused by the accident. Your medical records help to illustrate that your injuries have a direct connection to your accident, and will act as a timeline of your recovery process. While an insurance company analyzes these documents they will see that you sought out medical attention, acted promptly from your injuries, and tried to recover as quickly as possible. This strengthens your case tremendously as it shows that your injuries were not preexisting and that they were not caused by any other event.
Documenting Treatment and Recovery:
A large part of your personal injury claim involves illustrating that you made an effort to seek out and attend medical treatment and physical therapy (if needed). Your records document the treatments that you have undergone as well as the progress that you have made on your path to recovery. This information is key for proving the needs of any future medical expenses you may have, as well as helpful in calculating the costs of these future expenses.
Support Expert Testimony:
In the event that your case has not been settled in claims your case may go to litigation. If this happens then your Utah personal injury lawyer may need to reach out to your medical providers to have them supply expert testimony for your case.
An expert’s testimony will explain to a judge and the defense the specifics of your case, the intensity of your injuries, as well as how these injuries may have had a profound effect on your life (missing work, lack of mobility, loss of consortium, etc). The records that you have received throughout your injury case act as the foundation that an expert witness will be able to build their testimony upon, with the more detailed your records are, the better they can represent your injuries.
How to Ensure Detailed Medical Records
We have established just how important medical records are for your injury case, but what can you do to ensure that your records are high quality and the best for your case? If you were injured, consider taking the following steps to get the best possible medical records for your injury claim:
Seek Medical Attention Immediately:
Whether you were injured in a minor bike accident or T-boned by a drunk driver make sure that you seek medical attention as soon as possible, even if you think that your injuries are minor. The sooner that you seek out medical attention, the sooner your recovery will be documented. Seeking medical attention immediately establishes your dedication to your recovery and establishes a clear link of your injuries to your accident.
Follow Through with Treatment Plans:
For the quality of your case and for your recovery, it is critical that you adhere to the treatment plan that your doctor has set for you. Consistently following through with your treatment not only aids in your recovery, but it also helps to demonstrate the severity of your injuries and your desire to get better to an insurance company.
As an insurance company tries to devalue your case, they will search for red flags in your recovery, such as: missing treatment dates, not following through with recommended procedures, or not finishing your treatment. These can all be used against you to argue that your injuries were not as severe as you claimed.
Communicate Openly With Your Healthcare Providers:
In order for you to have a successful case, honesty is essential especially with your health care providers. As human beings it is common to try and minimize your pain when you are asked about it, but when you speak to a doctor be honest and thorough when describing your pain levels. Be honest about the symptoms you are experiencing as well as any difficulties that the injury has caused to your daily life. The more detailed and honest your description is to your doctors, the more detailed the records of your pain and suffering will be. These detailed records help to paint a picture of your injuries to an insurance provider and can illustrate the lengths that you have gone to to recover from your ailments.
What Are Your Next Steps
As you can see, your medical records and documentation act as the backbone to your personal injury case. These documents don’t only serve as notes from your treatment, but are also the primary evidence for your case and prove just how severe your injuries truly are. By ensuring your records are thorough and accurate to what you have suffered from, your case will have strengthened tremendously.
If you or someone you know has been in an accident it is essential that you work closely with your healthcare professional and reach out to a skilled Utah personal injury attorney. Here at LifeLaw Personal Injury our team of skilled Utah personal injury lawyers know the importance that medical records play in your case and will ensure that your records reflect the true extent of your injuries and the impact that they have on your life. If you were hurt by the negligence of someone else, call the legal experts at LifeLaw Personal Injury. Our team will work tirelessly on your case so you can focus on what is really important, your recovery. Give us a call today for a free consultation, and to discuss your options.