What if the medical evidence does not support my claim?
- May 20, 2015
- Comments Off on What if the medical evidence does not support my claim?
To make a personal injury claim, medical evidence is mandatory. Unfortunately, if the medical report is unable to link your injuries to the accident, it will not be possible to take your claim further.
Medical evidence is the basic foundation that makes a personal injury case strong. The evidence is a measurement of how serious or severe the injuries sustained by the person are,which in turn helps the attorney to prove the gravity of the matter. The same medical records can go against a person when they are used by the defense attorney to prove how minor the actual injuries were and can show that it was the patient who failed to follow the doctor’s recommendations. Good evidence is crucial to support all legitimate legal claims. If you take a criminal case, for example, fingerprints and DNA samples are the sort of evidence that prove a person guilty. Along with these reports, witnesses and expert testimony also play a vital role. Similarly, in a personal injury case, it’s the medical records that are the most important evidence that can help you win a case.
How are medical records used?
Medical records will often be referred to by the medical experts during a trial. These records are also used by a jury when it wants to see if the injury was minor or severe. These records can play a vital role, especially in car accident injury claims and medical malpractice cases in contrast to other types of personal injury claims. The medical records, apart from being used as evidence, are important when there is a need to not only assess, but also document the nature of the injuries and their severity. They also document the treatment given according to those injuries, and consequently how your health progresses. The medical records are also about any complaints of pain and discomfort or any ongoing or permanent health problems and how your life has been affected because of these injuries.
What exactly are the medical records?
Medical records can be any of all of the following:
- test reports
- doctor’s chart notes
- office appointment histories
- account statements
- billing records
Without these documents it is quite impossible to illustrate the severity or nature of the injuries sustained and that you are entitled to compensation for the harm caused. In short, without adequate medical records it is almost impossible to prove that you are injured and hence have a case.
What if I can’t afford a medical treatment?
Regrettably, even if you cannot afford a medical treatment and are severely injured, you have almostno case at all. Lack of insurance or money to pay for treatment is not considered a strong reason of not having medical records, and hence negatively impacts the case. Unfortunately,insurance adjustors are not concerned about your financial resources and would need solid evidence of your injuries. If you don’t get treatment when it is warranted, the insurance company will use this against you by arguing that you made a full recovery or that your injuries are not that serious. This can result in a very low compensation sum.
It’s quite possible that you have not received treatment because of transportation issues, but it still makes your case very weak. Apart from transportation issues, even if you have work related issues, or any such reason which hindersyou from getting a medical treatment, your case will be harmed.This is the reason why we cannot stress enough the importance of medical records for a personal injury claim. You also need to be aware that lengthy or intermittent gaps in your medical treatment may also create problems with your case. So skipping medical appointments because of financial concerns, work-related issues, transportation, etc. will cause the insurance company to question the nature and extent of your injuries, and thus offer much lower compensation to settle your claim.
So simply put:NO TREATMENT,NO CASE.