Why Medical Records Are Important for Your Personal Injury CasePosted on September 12, 2022
Personal Injury Lawyer
If you have been injured in an accident caused by another party, you have the right to file a personal injury claim. However, in order to have a successful claim, you have to provide sufficient evidence. Medical records are one of the most important pieces of evidence you can have in your case. These records can support your claim and improve your chances of obtaining a fair settlement. Types of records may include medical tests, medical history, treatments and progress notes.
Here are a few reasons why medical records are crucial for your personal injury case.
Evidence of Your Injuries
First and foremost, your medical records prove that you were indeed injured. Everything from your emergency room records to your diagnosis and recommended treatment establish that you sustained injuries in an accident. These records provide an approximate recovery time and the treatments you may require.
Proof of Damages
Your medical records also show that you sought prompt treatment for your injuries and accrued medical expenses because of it. Without these records, the defendant’s insurance company may try to argue that you were not as injured as you claim.
Monetary Value of Your Case
In your medical records, you will have the exact price of your emergency room visits, medications, doctor’s visits and surgeries. Your personal injury lawyer can look at these records to calculate the financial impact of your injuries.
In the same way that you can use your medical records to prove your injuries, the defense can use your medical records to avoid liability. For instance, if you suffered a back injury in a car accident and have sustained a back injury in the past, the other side may try to argue that your injury did not result from the accident. That is why it is so important to have a skilled personal injury lawyer on your side. He or she will fight these arguments.
Requesting Copies of Your Medical Records
It is essential to request copies of your medical records as soon as possible. The good news is that the Health Insurance Portability and Account Act (HIPAA) lets patients obtain these records. These records will include critical information about your injuries and treatment you need to file a personal injury claim. If you do not know which records you need for your claim, you should bring it up to your lawyer. He or she may be able to obtain the records on your behalf.
After you have collected your medical records, you can pursue a personal injury claim. If you do not receive a sufficient settlement offer, your lawyer may advise you to file a personal injury lawsuit.
If you have been hurt in an accident, you may want to schedule a consultation with a personal injury lawyer, like one from David & Philpot, P.L., to discuss your case as soon as possible. We can assess your case and advise you on the best way to move forward.