In personal injury cases, the strength of a claim often hinges on the quality of evidence presented. Among the most critical elements are medical evidence and the opinion of expert witnesses. These two components hold the most weight in establishing the extent of your injuries, proving what injuries were caused by the accident, and supporting the damages that make up a claim. Although subjective testimony from the injured person can be important to establish how the injuries have impacted their life, these impacts must also be supported by objective medical evidence. Part of my role as personal injury lawyer is to help my clients understand the role that medical information and expert evidence play in their claim, and to help them make informed decisions about their interaction with the medical system throughout the course of their claim.
The Role Of Medical Evidence In Personal Injury Cases
Medical evidence plays a pivotal role in personal injury law. It provides a factual foundation for the claim, detailing the nature, extent, and cause of the injuries. It also provides a chronology of the injuries and details the impact of the injuries from the time of the accident. Medical evidence can include chart notes, doctors’ reports, diagnostic tests, prescriptions, and treatment plans. At Melanson Law, we often tell clients, there is the truth, and then there is what can be proven in a court of law. Unfortunately, these two elements do not always overlap. That is why it is important to be strategic about the evidence necessary to support a claim from the very beginning of the claim. Even if you have experienced extensive injuries, if there is little or no medical evidence to support your claim, it will be very difficult to secure appropriate compensation.
Building A Strong Personal Injury Case
A strong personal injury case depends on comprehensive medical documentation. Medical evidence is the primary thing insurance adjustors, defence lawyers, and judges look at when assessing damages in a personal injury claim. Strong medical evidence for a claim should do two things: First, it should provide a detailed chronology of the injury from the date of the accident. Second, it should link the injuries and any future complications from the injuries to the accident.
So, what can you, as the injured person, do to ensure there is strong evidence to support a claim? Most importantly, see a doctor as soon as possible after the accident to discuss any injuries resulting from the accident. Then, ensure that you are checking in with a doctor regularly for as long as there are ongoing injuries.
Immediate Medical Attention: Its Impact On Your Case
Seeking immediate medical attention after an accident is not only important for your health, but also for your legal claim. Prompt medical treatment helps document injuries right from the outset, creating a reliable timeline. As time progresses between the incident and the initial medical visit, sometimes doctors are less confident about the cause of an injury, and it may become more difficult to link the injury to the accident. It is also important to ensure that the medical professional knows that the accident occurred and that the injuries flowed from the accident. This will ensure that any medical records are explicit about the cause of the accident.
The Risks Of Gaps In Medical Treatment
Gaps in medical treatment can also undermine your personal injury case. Insurance companies or defence counsel may interpret these gaps as a sign that your injuries weren’t serious or that you recovered sooner than claimed. If your injuries are ongoing, it is important that a doctor continues to document the injuries regularly. In addition, some types of injuries are treated conservatively at first. Therefore, it is important to continue to follow up with a doctor in case ongoing injuries require further tests, new treatments, or a referral to a specialist.
It is also important to follow all prescribed treatments, such as physiotherapy and massage therapy, and to attend every appointment. Continuity of care is a strong indicator that the injuries are ongoing and significant, reinforcing the legitimacy of your medical records and overall case. Records of these appointments can also track the details of the injuries more frequently. You may only see your doctor once every month or two, but you may see your physiotherapist every week.
How A Personal Injury Lawyer Can Help
Personal injury lawyers play a vital role in ensuring that a personal injury claim is properly supported by medical evidence. At Melanson Law, we understand that building a strong claim requires working with our clients and with medical professionals to ensure that the medical evidence is detailed and adequately captures the severity of the injuries. From the moment we are retained, we advise and support our clients on the best approaches for navigating the medical system. If you have been injured and have questions about a legal claim, contact our office for a free consultation.
