After an accident or injury, a victim may find themselves dealing with challenges including physical pain, emotional distress, financial strain, and legal issues. Due to those stressful circumstances, a victim may not think about obtaining and preserving medical records. However, in personal injury law, these records serve as the foundation for a strong personal injury case.
At VOZH Law, our car accident lawyers, and bad faith insurance lawyers understand the importance of medical documentation in advocating for our clients' rights to ensure they receive the compensation they deserve. We also want our clients to understand the significance of medical records in personal injury cases, the types of records they (the plaintiffs) need to obtain, and the practical steps individuals can take to protect their legal interests and present a strong case.
Medical records are not just paperwork. These records are evidence. This evidence documents the extent of injuries, the treatment they received, and any related medical expenses.
These records, in the hands of the experienced car accident lawyers at VOZH, paint a picture of the short term and long-term effects the injury will have on the victim’s life. As evidence medical records present objective information about pain and suffering, medical costs, and long-term prognosis.
Accidents happen. It could be a slip and fall, a car crash, medical malpractice or another type of injury. Regardless, providing detailed medical records will strengthen your personal injury case. Below are some of the most common types of records that could be associated with a personal injury lawsuit and are vital to documenting your personal injury case.
Most accident victims will visit the emergency room initially. Emergency room records will document the initial medical assessment from the ER and include the results of diagnostic tests. These records will also detail the treatments the victim receives and any observations by medical professionals. ER records are important to your case because they help establish the severity of an injury and the need for urgent medical attention.
If you are the victim of an accident, whether it’s a car crash, slip and fall, or a workplace injury, you should not dismiss going to the emergency room. Some injuries may not present right away, and the adrenaline rush you feel after an accident may distract you from your pain.
When your body is stressed, it releases epinephrine, makes your blood vessels contract, and pumps blood to your major muscle groups, which reduces the amount of pain felt in the body’s pain receptors. This effect can last for up to an hour after your accident. Even if you don’t feel pain right away, it’s important to be medically evaluated. This ensures you have the proper documentation if you file a lawsuit, but more importantly should help identify any injuries you have sustained.
Regular visits to physicians, specialists, or therapists result in a trail of progress notes, detailing ongoing treatment plans, medication prescriptions, and how the injury is progressing over time. Physician notes provide an overall view of the recovery process and demonstrate the continuity of care the victim has received. These records document the efforts the patient has taken to mitigate the effects of their injury.
X-rays, MRIs, CT scans, and other imaging studies provide objective evidence that is crucial to a personal injury case. These tests document internal injuries, fractures, soft tissue damage, and neurological impairments. These tests can validate any complaints of pain and injury and in turn strengthen the credibility of the plaintiff's claims.
In cases requiring surgery or hospitalization, detailed notes from the operating room and discharge summaries provide treatment and aftercare. These records outline the procedures that had to be performed, any post-operative care instructions, and recommendations for follow-up care. These documents are important because they detail the severity of injuries, the necessity of surgery, and the anticipated course of recovery.
Rehabilitation sessions, physical therapy regimens, and occupational therapy records are also critical to your personal injury case. These records document the efforts the plaintiff has made to restore functionality, mobility, and quality of life. In addition, these documents demonstrate ongoing challenges faced by the plaintiff and their commitment to the recovery and rehabilitation process.
If your accident has caused mental health issues like post-traumatic stress disorder (PTSD) or anxiety, you should also start seeing a mental health professional. Any symptoms of PTSD should be well-documented by that care provider. These symptoms can include intrusive memories, flashbacks, panic attacks, feeling emotionally numb or hopeless, trouble sleeping, trouble concentrating, and more. Sharing your symptoms with a mental health professional will help you work through these issues as well as document your emotional pain and anguish.
Failure to diligently collect and maintain medical records can lead to negative outcomes for a personal injury case. Without concrete evidence of the injury's extent and the required medical treatment, the plaintiff's claims may appear suspicious or exaggerated. This can undermine their credibility in the eyes of the court or insurance adjusters.
Additionally, incomplete, or inconsistent documentation can slow down the ability of car accident lawyers to accurately assess the case's value or present a compelling argument in court. In essence, neglecting medical records is like building a house on shaky ground – it compromises the structural integrity of the personal injury case and jeopardizes the likelihood of a favorable outcome.
For example: Sarah is rear-ended in a car crash and has whiplash injuries. She seeks medical treatment at a local clinic. Initially diligent in attending therapy sessions and follow-up appointments, Sarah gradually stops documenting her medical progress. As weeks turn into months, she misses appointments, fails to follow her treatment plans, and doesn’t request copies of her medical records. When it comes time to pursue a personal injury claim, Sarah's lack of documentation weakens her case, and leaves her open to doubt from a jury, and leaves her personal injury attorney with little evidence to strengthen her case.
Recognizing the critical role of medical records in personal injury cases, plaintiffs must take a proactive approach to obtain and preserve these documents. Here are some actionable steps to ensure your personal injury case stays on track:
Following an accident or injury, prioritize seeking medical attention right away. Not only does this ensure timely diagnosis and treatment, but it also establishes a clear link between the incident and any resulting injuries. Whether this is going to the emergency room at a hospital, your primary care physician, or your workers’ compensation physician, seeking immediate medical care is essential.
Keep a meticulous record of all medical appointments, treatments received, medications prescribed, and symptoms experienced. Jot down notes during consultations with healthcare providers to document relevant details and instructions.
Be proactive in requesting copies of medical records from treating physicians, hospitals, diagnostic imaging centers, and therapy facilities. Ensure that these records include all relevant information, including test results, treatment plans, and discharge summaries.
Establish a systematic method for organizing and storing medical records, whether it's in physical file folders or digital folders on a secure device. Maintain the documents in chronological order and categorize documents by type for easy searching and reference. This will help your personal injury lawyer build your case efficiently.
Collaborate closely with your personal injury attorney, providing them with timely access to all relevant medical documentation. Transparency and open communication help your personal injury attorney build the best case for you. The attorneys at VOZH Law are fierce advocates for their clients and value open communication.
Follow-through is critical to your case. It’s imperative that you stick to prescribed treatment plans, attend all your scheduled appointments, and actively participate in rehabilitation like physical therapy. Compliance with medical recommendations will help you recover as best as possible, but also reinforces the credibility of your injury claims. Failure to follow through with your treatment plans will undermine your case.
In addition to medical records, plaintiffs should document non-medical damages like lost wages, property damage, and emotional distress resulting from the injury. This type of documentation strengthens the overall case and demonstrates the extent of damage beyond anything physical.
In personal injury law, the motto "documentation is key" rings especially true. Medical records serve as the backbone of a strong case, providing tangible evidence of injuries, treatment received, and the resulting impact on an individual's life. By prioritizing collecting and preserving medical documentation, plaintiffs can strengthen their legal claims, enhance their credibility, and maximize their chances of securing fair compensation for their injuries.
At VOZH Law, we are committed to guiding our clients through every step of the legal process, using our decades of expertise to advocate on their behalf. Remember, when it comes to personal injury cases, details matter. Comprehensive medical records are essential to a successful personal injury case. Contact the car accident lawyers at VOZH Law for a free consultation for your personal injury case.
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