The Importance of Medical Records in Personal Injury Claims
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The Importance of Medical Records in Personal Injury Claims

According to the latest figures, approximately 39.5 million personal injury cases require medical treatment in the US every year. From dog bites to car accidents, the types and severity of injuries can vary widely, leading to different levels of medical care.

When pursuing a personal injury claim, the law requires claimants to demonstrate that the defendant was negligent in their actions and that this negligence directly caused the injury. To succeed in establishing this, the claimant will need to present evidence in support of their case, and one of the critical forms of evidence is medical records. In this article, we will take a closer look at the importance medical records play in personal injury claims, helping injured parties receive the compensation they are entitled to.

Proving Causation

Personal injury law mandates that claimants demonstrate their injuries were a direct result of the defendant’s negligence, a concept known as causation. Medical records play a crucial role in establishing this connection by outlining a detailed timeline of the claimant’s injuries and subsequent treatment. From doctor’s notes and X-rays to emergency room visits and surgical procedures, these records serve as compelling evidence that links the claimant’s injuries to the accident.

This is especially important in cases where the claimant’s injuries or diagnosis become apparent years or even decades after the defendant’s negligent act caused them harm. For example, in cases of mesothelioma, the effects of asbestos exposure may not be apparent until decades later. In such cases, medical records can help to establish the link between this exposure and the subsequent diagnosis. For more information on pursuing a mesothelioma claim, it is advisable to seek advice from an experienced mesothelioma law firm.

Assessing the Severity of Injury

In order to fairly compensate the claimant, a clear indication of the severity of their injuries must be presented. For instance, an injury that is temporary in nature will typically have less impact on a person than one that is permanent and life-changing. 

In the latter instance, a claimant may be unable to work and may require long-term medical treatment and care leading to significant financial hardship, and emotional distress. The damages they will be entitled to will therefore be higher than in the case of a minor injury, such as whiplash. 

Medical records can substantiate the nature and extent of the claimant’s injuries and present a realistic and credible account of their prognosis, expected recovery, and long-term health effects which are essential for a fair calculation of damages.

Calculating Damages

In addition to taking into account the severity of the injuries sustained by the claimant, medical records are also required to calculate the losses they have sustained. From hospital stays and surgery fees to medical consultations and medication, the list of expenses related to their injury can be substantial. By providing a detailed account of each of the expenses incurred, claimants can ensure they are fairly compensated for their injuries. 

For these reasons, medical records serve as vital and valuable evidence in building a solid personal injury claim.

Published by Tom W.

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