When documentation demonstrates that you will need assistive devices, surgery, injections, pain management or ongoing therapy, it can significantly increase your damages for future medical expenses.
In a personal injury case, medical evidence is absolutely essential. During the initial examination, medical personnel record their findings on paper, and these documents offer a personal injury lawyer the proof they need to demonstrate to the court that the accident caused your injuries.
If your attorney cannot present medical records, they cannot show the court how much the injuries are affecting your life. Since they cannot easily do this without proof, it makes their job infinitely more difficult when justifying the monetary compensation they think you deserve.
For example, you may have been seen in the emergency room. Afterward, you may have had several ongoing medical visits for treatment of your injuries. All of these services will be documented, and the defendant’s attorney will have a more difficult time arguing that you were not significantly injured in the accident.
The Burden of Proof
In a personal injury case, the plaintiff has the burden of proving that the defendant was negligent in causing the accident. One element of proof is “causation.” This means that the accident that the defendant caused is the direct link to the plaintiff’s injuries. Medical documentation is critical in proving this direct link. The jury learns the nature of these injuries from these records and sees a timeline from beginning to end.
Injury Documentation
You may think of medical records as “paperwork,” but they are much more than that. They are objective evidence of your injuries and the treatment you underwent to heal them. They make it easier for a judge and jury to see how your injuries are inconveniencing your life. They paint an unambiguous, clear picture of what they cannot see, which is the pain that you are experiencing.
The defendant’s attorney’s job is to downplay the pain you are in and to even deny that you were truly injured in the accident. Medical records do not allow this tactic to succeed. That is because they are the proof of your pain and suffering, so they add so much more to your case than just your testimony. Medical documentation makes it abundantly clear that you were injured and allows the judge and jury to intimately understand why you need the monetary compensation your attorney is asking them to present to you.
Documentation of Daily Limitations
Documentation that demonstrates how your injuries affect your daily life is also necessary. Medical records document these limitations, and when they are introduced in a personal injury case, they add significant strength to your claims. The court will be able to easily see that you cannot perform your regular activities. They will see that you are not as mobile as you used to be and that you are having trouble sleeping. They may also state that it is not as easy for you to perform your job after the accident.
Your doctors will document these limitations, which will create a compelling argument for your case.
Early Medical Intervention
Ongoing medical intervention is important, but you must also receive immediate medical attention after the accident. The earliest medical records will determine your treatment, so they are entirely necessary.
When you receive medical treatment right after the accident occurs, you will demonstrate that the injuries occurred right after the accident happened. Very often, attorneys will deny that the accident is what caused your injuries. They state that you had injuries in the past and that these past injuries are the reason for your current pain and suffering. Immediate medical attention after an accident prevents attorneys from using this tactic.
The defendant’s attorney can also declare that the injuries you suffered occurred after the accident. Lastly, early medical attention demonstrates that you had the same complaints after the accident occurred that you are having now.
Unnoticeable Injuries
Immediate medical attention is imperative, even if you do not believe that you were injured. You may have been significantly injured, but you are unaware of it at the time of the accident. This occurs when people experience injuries, such as whiplash, soft tissue injuries, concussions and internal injuries. Because these are a possibility, you must go to the emergency room after an accident so that you can receive immediate medical attention. Failure to treat injuries such as these can lead to severe complications.
The Importance of a Specialist’s Medical Records
When injuries require long-term treatment, they often require the care of a specialist. In accidents, this often includes spine specialists, pain management physicians, neurologists and orthopedists. Judges and juries often take specialists’ opinions much more seriously than just the injured party’s complaints.
A specialist documents the injuries, and their records demonstrate that the diagnosis was correct. They also determine whether the injury is permanent. They document the patient’s limitations resulting from the injury and specify the type of future treatment the patient will need.
The specialist’s records are most important in cases seeking the largest monetary compensation.
Mental Health Documentation
Accidents also cause psychological symptoms, and you may need ongoing treatment for any mental health conditions that your physicians diagnose after the accident. For example, many people experience sleep disorders, depression and anxiety after an accident. Your physicians must properly document psychological symptoms because they are a part of the impact that the accident has on your life.
Mental health documentation supports the need for treatment for long-term emotional distress. People also experience the loss of enjoyment in life and pain and suffering, and these symptoms may entitle you to non-economic damages.
The defendant’s attorney may try to downplay the mental health consequences of the accident, but mental health documentation prevents this tactic from working.
Future Medical Treatment
Your case may require that you obtain long-term medical treatment for your injuries. As attorneys often like to state that a plaintiff’s injuries are not as severe as they claim that they are, these attorneys balk at the suggestion that you deserve a sum of money for future medical expenses. To receive compensation for future medical expenses, your team of personal injury attorneys must show that future medical intervention is necessary.
When documentation demonstrates that you will need assistive devices, surgery, injections, pain management or ongoing therapy, it can significantly increase your damages for future medical expenses.
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