If you are a personal injury attorney, you undoubtedly understand the role that records, specifically medical records, play in managing a personal injury case. Records are vital to establishing that an accident, injury, or illness occurred, managing the claim, and ensuring that the injured party receives a fair settlement.
Establishing the Accident, Injury, or Illness
Proving the nature of the alleged injury is challenging without accurate and verifiable records. Having a verifiable set of records helps determine that the injury occurred and provides a clear context regarding the severity and scope of treatment required. Records help support the claims alleged and encourage a fair settlement.
How Do Medical Records Impact a Case?
One key element in proving a defendant is liable in a personal injury matter is causation. Personal injury claims have no legal standing without adequately establishing a causal link. Without this, the alleged claims will likely be dismissed. Records help establish this direct link between the incident and the injuries. Another key element is proving the severity of the injuries, which illustrates the seriousness of the injuries through concrete evidence. Finally, a claim is incomplete without proving that the injuries caused harm or damage. Damages attempt to measure the extent of harm a claimant suffered because of a defendant’s actions in financial terms. Medical and financial records play an important role because they help calculate the economic damages an injured party has suffered, ensuring that the injured party is compensated.
What Types of Medical Records are Needed?
A key element is establishing the diagnosis, which sets the stage for the personal injury claim. These records may include, but are not limited to, initial exam and diagnosis, emergency room records, medical tests and results, physician notes, treatment records, and prescription records. Another set of helpful records includes treatment plans, which illustrate the recovery process and set forth a timeline for post-injury rehabilitation. These records can include post-injury treatment regimen, treatment documentation, damage calculation, rehabilitation activities, process, and follow-up notes.
Negotiating with Defense
Insurance carriers often protect defendants to defend claims against their insureds. Carriers have established protocols for managing and settling claims. These procedures can be strict and require specific details, including verifiable and accurate records. These records determine the injury’s incident, nature, severity, and the treatment plan needed. Records are crucial in ensuring a proper assessment and administration of fair settlement negotiations.
Evidence in Litigation
While most cases settle outside of a formal litigation process, several matters eventually end up in litigation. Medical records and other key documentation are essential to establishing a strong case with clear and convincing evidence to support the claims.
What are the Most Important Types of Medical Records?
We have established that medical records are essential in establishing the facts of a case, supporting the injury claims, documenting the financial impact, and helping negotiate fair compensation. Below is a comprehensive list of the most important medical records typically obtained in a personal injury matter.
Medical Records
- Doctor’s Notes
- Diagnosis & Treatment Plans
- Test Results & Reports
- Surgery
- Hospitalization
- Prescription
- Medical Bills
- Prognosis & Treatment Plan
Accident Reports
- Date, time, and location of incident
- Parties Involved
- Witness Statements and Testimony
- Diagrams of the Scene
- Police Reports
Witness Statements
- Verbal or Written Statements
- Contact Information
Employment Records
- Pay or Wage Statements
- Employment History
- Sick & Disability Leave
- Missed Work Reports
Insurance Records
- Policy Details
- Claims History
- Communications Between Injured Party & Insurance Company
Direct Evidence
- Photographs & Videos
- Documentation of Recovery Process
Expert Reports
- Medical Expert Opinions
- Accident Reconstruction Reports
- Economic Expert Reports
Medical Billing & Expenses
- Itemized Bills
- Prescription Costs
- Physical Therapy Costs
- Surgery Costs
Treatment Plan & Prognosis
- Treatment Schedules
- Doctor’s Prognosis Report
- Rehabilitation Plans
- Return-to-Work Plans
Summary
When an individual is the subject of the tortious activity of another, the ultimate objective of filing a personal injury matter is to provide financial relief in the form of economic damages recovered in the settlement of that claim. Having the right types of records is essential for building a strong, evidence-based claim. These records help establish facts surrounding the injury, support the severity of the impact of the injury, and ensure fair compensation.
