Personal injury cases can be complex legal battles that hinge on various factors, but one of the most crucial pieces of evidence is medical records. In personal injury lawsuits, it is crucial to establish a clear link between the defendant’s negligent conduct and the plaintiff’s injuries, and medical evidence serves as the foundation for building a strong case.
In this article, we’ll review the vital role medical evidence plays in personal injury cases. We’ll also review how personal injury attorneys can help you gather and utilize this evidence in court, and the importance of seeking immediate medical attention after an accident to ensure full compensation.
Building a Strong Personal Injury Case
A personal injury case arises when someone is harmed due to another party’s negligence or wrongful actions. To establish liability and receive compensation, the plaintiff must prove that the defendant was negligent and that the defendant’s negligence proximately caused the plaintiff’s injuries. This is where medical evidence plays such an important role.
Establishing Proximate Cause
Establishing a link between the defendant’s negligence conduct and the plaintiff’s injuries is often the most important element in a personal injury case. Medical evidence like doctor’s reports, diagnostic tests, and expert testimony help establish a connection between the subject accident and the plaintiff’s injuries. Such evidence demonstrates that the plaintiff’s injuries resulted from the accident negligently caused by the defendant, rather than from pre-existing conditions or unrelated factors.
Determine Damages
Medical evidence helps show the nature, extent, and duration of the plaintiff’s injuries, the plaintiff’s current and future medical needs, and the associated costs. This information is crucial when calculating the damages the plaintiff is entitled to, including medical expenses, lost wages, pain and suffering, and more.
The Importance of Immediate Medical Attention
One critical aspect that plaintiffs sometimes overlook is the importance of seeking immediate medical attention after an accident. When a plaintiff fails to seek medical attention right after an accident, it can have significant implications on the success of their personal injury case.
- Creating a Timeline — Prompt medical attention will give a clear timeline of the injuries from the date of onset throughout the recovery period, directly linking the injuries to the accident. This is crucial when proving causation and for refuting common claims raised by insurance companies that the plaintiff’s injuries are related to some pre-existing conditions or alternative causes, rather than the accident.
- Preventing Further Complications — Some injuries may not appear immediately but can worsen over time. Seeking medical attention immediately can prevent complications and establish a record of your injuries’ development over time.
- Strengthening Your Case — When you seek immediate medical treatment, it shows you have taken your injuries seriously and strengthens your case in the eyes of the court and insurance companies.
How Medical Treatment Gaps Can Harm Your Personal Injury Case
Conversely, defense attorneys and insurance companies often focus on gaps in a plaintiff’s medical treatment to weaken their case. Here are ways that failing to seek medical treatment can harm your personal injury case.
- Arguing Lack of Seriousness — The defense may claim that the plaintiff’s injuries were not as severe as they claim because the plaintiff did not follow a consistent treatment plan. Gaps in medical care are used to suggest that the plaintiff is exaggerating their injuries.
- Questioning Causation — The defense may argue that the plaintiff’s injuries were not caused by the accident because the plaintiff did not seek medical treatment after the accident. This opens the door for insurance companies to argue planitiff’s injuries were caused by something other than the accident, like a pre-existing condition.
- Reducing Damages — Gaps in treatment can also impact the calculation of damages. The defense might contend that the plaintiff’s failure to follow medical advice contributed to their injuries’ severity, which can potentially reduce the compensation given.
How a Personal Injury Attorney Can Help
Personal injury attorneys can gather and use medical evidence efficiently in court. They play a critical role in ensuring that the injured party’s rights are protected and that they receive the compensation they deserve.
- Legal Expertise — Personal injury attorneys understand the legal system and know how to navigate it effectively. They can guide their clients on the proper steps to take, ensuring all the necessary medical evidence is gathered and presented correctly.
- Gathering Evidence — Attorneys work with medical professionals, like doctors and specialists, to obtain comprehensive medical records and reports. These documents help establish that the plaintiff’s injuries are legitimate and that they were caused by the accident.
- Negotiate With Insurance Companies — Insurance companies often try to settle claims for very little. A personal injury lawyer can negotiate on your behalf to ensure you receive full compensation for your injuries. Experienced injury attorneys are experts at dealing with insurance companies and know how to negotiate to maximize the value of your claim.
- Represent You in Court — A personal injury lawyer can effectively present your case and argue on your behalf. They also can cross-examine witnesses and challenge the other party to strengthen your case.
Choose Pullano & Siporin for Expert Legal Representation in Your Personal Injury Case
The team of attorneys at Pullano & Siporin are experts at navigating medical evidence in personal injury cases, which is one of the reasons they’ve been able to consistently secure record results for their clients for over 30 years.
We’re here to help. Contact us today for a consultation, and let us take care of your personal injury claim.
