Medical Documents Required for a Successful Personal Injury Claim

Updated on September 13, 2020

You never know when life can entangle you in a personal injury suit. It is here that you should take help from a skilled and experienced personal injury attorney to find out what medical documents you need to file at the time for the suit so that you can claim the compensation you deserve in a competent court of law. 

How can medical documentation increase the success rates of a personal injury case? 

In order to be successful in a personal injury suit, you have to prove to the court of law the cause, severity and the presence of the injuries caused to the victim. If you have been involved in any car accident recently and want compensation for the injuries suffered, you should produce adequate medical documentation to the court that will help the judge determine whether you deserve compensation or not. A demand letter needs to be served legally to the defendant. You need to be very careful about the medical documentation you submit as this can either make or break the case. 

The Importance of medical documentation

Medical documentation covers all medical correspondence from the first visit of your doctor to the last medical treatment session. This means you are able to produce a lot of evidence under medical documentation. Medical documentation is essential to a personal injury case primarily for 3 reasons-

  • Medical documents establish the presence of personal injury, its cause and the nature of its severity. The right documentation provides you with a solid foundation that proves that the accident was caused by the negligence of the defendant or directly by the defendant that lead to the injury. 
  • Medical documents also prove that the plaintiff did not have any kind of health issues prior to the accident. At the same time, medical documents also help the plaintiff who has a pre-existing health condition to establish the fact in court that the new injuries are new and have stemmed from the road accident caused. This documentation determines the appropriate judgment or the settlement amount including monetary and non-monetary damages like mental anguish and pain. 
  • Personal injury attorneys in the USA state the more medical documentation you provide to the court, the better it is for the courts of law to determine the amount of compensation you deserve for the damages caused to you because of the accident. In order to qualify for losses that are non-economic in nature, there is the no-billed amount of cash. The attorney will analyze medical records and its prognosis for formulating an amount that reimburses the pain caused to you because of the accident. These medical documents are needed for insurance companies as well as they often will give you a lesser amount over the injuries you suffer.

What medical records do you need for a personal injury case? 

You need medical records for establishing your health at the time of the accident. When the accident is over, you should visit a qualified medical professional or the emergency unit of a hospital to determine the extent of injuries suffered. Law experts from esteemed firm Hershey Law says that you reach any two of the above as fast as you can after the accident so that you safe from other injuries.

Medical records play a vital role when it comes to the establishment of the cause of personal injury claims. One should produce the following documents-

  • Diagnosis of the doctor 
  • Medical bills in line with the item
  • Notes from the doctor appointments 

The above documents will not only lay down the diagnosis of the suffered injury but the prescriptions and plans prevalent for the present condition. These documents will substantiate the injuries suffered due to the accident. One should always keep in mind that everything should be recorded in medical reports so that you are a step ahead in your personal injury compensation case. 

For example, if you have suffered a fracture of a bone due to the accident, you should give the court all the relevant medical documentation. If the X-rays have been taken, make sure you collect the reports from the doctor and radiologist. You should collect as much evidence as possible and records from therapists, specialists, physicians and all the hospitals you visit is a good proof of the accident that you can produce in court. The process of collecting medical bills might seem repetitive to you; however, it serves as solid evidence when it comes to winning a successful case.

Medical bills and their breakdown 

You should start collecting a rough idea of the personal injury compensation claim you might be entitled to in a court of law. All medical bill data and information should be shared with the personal injury attorney representing you in court. Your attorney will help you through this whole process, and so it is suggested you compile all the medical bills include each therapy or service you have used for your treatment post the accident. You should include the costs of surgery, the fees you paid for the ambulance, blood scams, appointments with doctors, prescription medication, diagnostic imaging like CT scans or X-rays and physical rehabilitation in this compilation of medical bills. 

Breakdown of all the medical costs incurred 

When you visit the doctor or the hospital, you should request them to give them a breakdown of the costs of the treatment incurred. This is known as line-item medical bills. This bill will keep every service allocated to a specified price. You should log all the out-of-pocket costs that you spend on frequent trips to the doctor. These costs are financial burdens, and they should be included in the medical documentation.

Legal experts suggest that when you are about to file a case, you should photograph all of your noted injuries so that you can confirm to the court that the injuries exist. Create a personal injury diary and keep a note of all your injury treatments in it. Here, you should include emotional damages as well in order to establish a successful personal injury case in court!

How to Preserve Medical Evidence

Spaulding Injury Law explains that the best way to preserve evidence of injuries is promptly reporting them to a licensed doctor or any other medical provider. As already mentioned, take photographs of any visible cuts, bruises, marks, swelling, or skin redness, including any splints, bandages, casts, or other medical devices.

Remember that without any photos or medical records of injuries, it’ll be harder to convince the insurance company that your injuries resulted from the narration in your claim. Also, visible injuries may heal fast and look less serious. Seek immediate treatment to get medical documentation of your current medical condition. 

Summoning A Medical Doctor

Summons refers to a court order to appear at a particular time and place before a Judicial Magistrate or a writ containing such order. For civil lawsuits, like personal injury, a summons is issued against one of the parties against whom the complaint is filed.

Sometimes, summoning a medical doctor is necessary to prove a personal injury case, especially if the insurance company doesn’t find available evidence that’s strong enough to provide the amount demanded in the settlement.

Here are the important reasons why a doctor needs to be summoned in the court: 

  • Obtain Expert Opinion: Whenever a question needs to be answered that should be based on expert opinion, a licensed doctor can be summoned. For instance, if an injured victim cannot walk or do certain tasks, the doctor may receive a summons to prove the injury since the doctor’s testimony will serve as evidence. The doctor will attest to the certificate of injuries and the effects of injuries.
  • Expert Witnesses: The doctor who attended to the injured victim can be summoned to serve as a witness. When evidence can be obtained at the time of commission, then the evidence must be collected promptly to avoid inconvenience to the doctor because being a witness to a case can reduce the time handling with patients.

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