When seeking compensation in a personal injury case, one vital piece of evidence needed to prove your claim is medical records. Medical evidence in injury claims is the foundation for establishing the type and extent of injury suffered, proving liability, and securing fair compensation. They are relevant in all personal injury cases, whether car accidents, work injuries, slip-and-fall claims, or medical malpractice.
This blog discusses the role of medical records in personal injury claims, the types of medical records needed, and how the lack of medical evidence affects cases. Our personal injury lawyers at Terry Bryant Accident & Injury Law can help you understand the role of medical records in your case and confidently navigate the claims process.
We have successfully assisted many victims in personal injury cases and can help you confidently fight for maximum compensation. Our initial consultations are free, so call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 to learn about your legal options.
Why Choose Our Personal Injury Lawyers to Represent You?
At Terry Bryant Accident & Injury Law, our personal injury lawyers provide clients with personalized representation, ensuring their needs are met at every step. We have done this for over 40 years and have a proven track record of success. We will prioritize your interests and ensure your case has the team and resources needed to succeed.
We have recovered over a billion dollars in settlements and verdicts for our clients. We will relentlessly fight for your rights, whether through negotiations with insurance companies or representing you in court. We work on a contingency fee basis, so you don’t have to worry about paying us upfront.
Our lawyers will help you gather all the necessary evidence for your claim, from medical records to expert testimonies, and use them to negotiate a fair settlement.
Types of Medical Documentation in Injury Cases
Different medical records are needed to prove the extent of injuries, liability, injury impact, and expenses in a personal injury case. They include the following:
- Emergency room records
- Physician notes
- Surgical and procedural records
- Physical therapy and rehabilitation notes
- Prescription records
- Diagnostic imaging reports
- Medical bills and expense report
- Independent medical examination (IME) reports
- Prognosis reports.
Having comprehensive and well-organized medical evidence strengthens your personal injury case. Our personal injury attorneys will effectively use these records to maximize your compensation.
The Role of Medical Records in Personal Injury Claims
The importance of medical evidence in injury claims cannot be overemphasized. They connect your injuries to the accident or event that harmed you and show your physical condition before, during, and after the injury. Medical records offer an objective account of your injuries, substantiating your compensation claim.
Below are the different roles of medical records in personal injury actions:
Establishing the Link Between the Accident and Injuries
Medical records are used to prove causation, one of the four elements of negligence. They document the nature and extent of your injuries and the treatment you received immediately following the incident. As a result, you can connect your injuries directly to the accident, countering contrary arguments from insurers, especially if they try to attribute your injury to a pre-existing condition or an unrelated incident.
Demonstrating Injury Severity
Medical documentation in injury cases records the severity of your injuries. The detailing starts when you arrive in the emergency room and continues until you are discharged. Also, with your medical record, you can determine the value of the injury’s physical, emotional, and financial impact.
Medical records are more than just paperwork — they are the evidence that can mean the difference between a successful settlement and a denied claim.
Supporting Claim for Damages
As a general rule, the more severe your injury, the higher the compensation you’re likely to receive. Medical records are crucial in calculating your economic and non-economic damages, as they show the extent of your injuries, money spent on treatment, and whether you need future medical care. Medical evidence also shows your pain and suffering.
Providing Credibility and Objectivity
Medical records are factual and objective, and, as a result, they are indisputable proof of your injuries, the treatments you underwent, how much you paid, and what medical treatment you need in the future. The objectivity of medical records is why they carry significant weight during negotiations and in the courtroom.
How a Lack of Medical Evidence in an Injury Claim Affects It
If you do not have medical records when seeking compensation in a personal injury claim, it will significantly affect the outcome. Here’s how the lack of medical documentation affects an injury case:
- It Makes Proving Causation Difficult: Without medical records, linking your injury to the accident or event that harmed you will be next to impossible. The other party can argue that a pre-existing condition or another event caused the injury.
- It Undermines Credibility: Not having medical evidence makes your claim less credible. Again, medical records are objective evidence, causing courts and insurance companies to rely on them to prove subjective claims like pain and suffering.
- It Makes It Difficult to Prove Injury Severity: Without medical evidence, it will be challenging to demonstrate the full extent of your injuries, which may lead to undervaluation of your claim.
- Reduction in Compensation: Your personal injury claim’s value is often calculated based on documented medical costs, future treatment needs, and non-economic damages like pain and suffering. A lack of medical evidence limits the ability to quantify these damages, potentially reducing the compensation you receive.
In addition to the above, the lack of medical evidence makes it more challenging to negotiate a fair settlement, as insurers will use the absence of proof to poke holes at your claim and offer a lower settlement. Finally, without medical records, securing compensation for future medical treatment will be difficult.
Let Us Help You Build a Strong Case With Medical Evidence
Medical evidence is vital in building a strong personal injury claim. Our Terry Bryant Accident & Injury Law team will take the necessary steps to secure all required medical documentation to build a strong case and get you maximum compensation. Call us now at (713) 973-8888 for a free and confidential case review.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]