Why Medical Records Are Critical in Personal Injury Cases
When seeking damages following a personal injury, you want to demonstrate how your injury impacts your mobility and ability to function. Any interference in daily activities should be highlighted, as well as how your injury impedes your work and mental/emotional health. The extent of harm you sustained is best showcased in medical imaging, doctors’ notes, discharge summaries, and other medical records.
In addition to establishing the severity of harm, medical records detail the mechanism of injury, provide a treatment timeline, and provide other key information for filing a personal injury claim. If you have recently suffered an injury due to another’s negligence, look no further than our Nashville personal injury lawyers to represent your interests.
Documenting the Severity and Extent of Harm
Diagnostic imaging, such as X-rays, MRIs, MRAs, and CT scans, shows the severity of an injury. Doctor’s notes, physical therapy records, and specialist referrals highlight the impact that an injury has on your physical health as well as treatment approaches. This is heavily linked to legal recovery, since an injury that requires surgery and physical therapy will result in greater damages as compared to a minor injury.
Establishing the Mechanism of Injury
The mechanism of injury documents how a physical injury occurred. Records from the ER, urgent care, and follow-up visits can provide an official account of the injury you suffered. The mechanism of injury includes much more than how an injury happened; it also documents the force involved and which part of your body was affected.
Linking the Injury to the Incident
Causation is a critical component of any personal injury claim, but it is often the most challenging to prove. Records showing that you sought treatment soon after the incident, while also detailing symptoms consistent with the mechanism of injury, can help establish the relationship between the incident and bodily harm sustained.
Establishing Consistent Treatment
Gaps in treatment can hurt your case, whether that means failing to seek treatment right away or canceling follow-up appointments. By declining consistent treatment, your insurer may argue that you contributed to the severity of your injuries by forgoing medical care. This could undermine your award or settlement.
Calculating Economic Damages
Medical bills, treatment plans, and explanation of benefits (EOB) documents are essential for calculating economic damages in a personal injury case. While an EOB is not a bill, it does document provider charges, what was covered, and what you owe. Additionally, physical therapists and other members of your care team may be called on to testify regarding functional limitations, which may contribute to this overall figure.
Supporting Pain and Suffering Damages
In many personal injury cases, physical injuries can have an impact on a person’s mental health and emotional well-being. A pain and suffering damage claim can be supported by keeping a pain journal, in which the injury victim details their pain levels, mobility limitations, sleep disturbances, and any other impact the accident has had on them.
Given the interference that pain and suffering have on a person’s life, these damages are often greater than economic damages. However, Tennessee Code §29-39-102 places a $750,000 cap per plaintiff for each personal injury claim, which is raised to $1 million in a catastrophic injury claim. The cap does not apply if the defendant intentionally harmed you or in other limited circumstances.
Protecting Against Pre-Existing Conditions
Pre-existing conditions can cause the insurer to dispute certain medical visits, claiming that you were seeking treatment for a prior condition unrelated to the incident. Thankfully, your medical records can help distinguish between what existed before and new injuries. Even if the incident exacerbated a prior condition (causing you to have greater damages than anticipated), you can still pursue the full extent of damages under the eggshell plaintiff rule.
Role of Medical Records in Filing a Personal Injury Claim
Medical records are often required to initiate a personal injury claim and are submitted with a demand letter to an insurer. As previously mentioned, consistent treatment is important and demonstrates compliance with medical professionals. Any missing information can cause the insurance company to devalue your claim.
Our experienced Nashville personal injury attorneys at Raybin & Weissman will advise you on what records are needed. Also, based on your medical history, we will advise you on potential issues that may arise and how to address them. When in doubt, do not hesitate to contact our legal professionals.
Speak with Our Nashville Personal Injury Attorneys
Medical records are the backbone of most personal injury cases, demonstrating the extent of your injuries and your treatment timeline. Clear and accurate records will allow an insurance company to calculate damages, although insurers are inclined to offer you less than you deserve. Fortunately, the legal team at Raybin & Weissman is prepared to advocate for adequate compensation on your behalf. Whether this is achieved through negotiations or litigation, we know what insurers scrutinize and how to help you best succeed.
To arrange your free consultation with one of our Nashville personal injury lawyers, our office can be reached online or by calling (615) 256-6666 today.