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Why Are Medical Records Important in a Personal Injury Case?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Dec 27, 2022

Read Time: 3 mins

Medical records play an important role in personal injury cases. It is not enough to be injured in an accident to recover compensation. You must show that negligence resulted in your injuries—which need to be documented in your medical records. If you were hurt through no fault of your own, our personal injury claim attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., P. C. can help you get the compensation you need to rebuild your life. This includes requesting and compiling the medical records necessary to pursue your claim.

How your medical records can help after an injury

Every personal injury case requires evidence to be successful. This evidence comes in many forms, from traffic camera footageto the testimony of witnesses. Medical records are also important evidence that may be used in your case–they establish the extent of your injuries. For example, it is not enough to tell the court you have a broken bone or brain injury. These records corroborate the extent and nature of your injuries.

Your records will also document your attempt to treat your injuries. This is important, as you have an obligation to seek medical care and reduce the extent of your injuries–known as mitigating your damages.

Proving personal injury

For your personal injury case to be successful, you must show that the party who injured was negligent, and it requires proving the following:

Establishing a duty of care
Proving the duty was breached
Causation, and
Damages

Medical records play an essential part in establishing damages.

Determining how much your injuries are worth

There is no easy way to determine what your injuries are worth. While it is possible to estimate what your case might be worth if it goes to trial, attorneys cannot promise a specific outcome because there are so many variables. However, we can review your injuries and help you understand the types of damages you might be entitled to recover.

Your medical records will play a part in this process–the cost of your medical care is likely a significant component of your claim. They help establish the cost of the care you received, but this is only a part of what determines what your injuries are worth. Some other types of damages you could be entitled to recover may include:

Pain and suffering
Emotional distress
Lost wages
Disfigurement
Mental anguish
Loss of consortium

Requesting medical records

Medical records are important to your case but are not always easy to obtain. This is especially true if you received treatment from multiple medical professionals. For example, you could have relevant medical records from an emergency room, your primary care physician, a physical therapist, or a surgeon. You will need to request medical records from each of them.

One of the benefits of working with personal injury lawyers is that your legal counsel will handle the task of compiling them. From requesting records to following up with medical providers that do not promptly reply, your attorney can remove much of the stress during this process.

How the lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. can help

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we are proud to serve as advocates for the injured. Our attorneys understand what it takes to win a personal injury case, and your medical records are only one part of the process. We are prepared to help you pursue the compensation you deserve. If you are ready to get started with your personal injury case, reach out to us for a free consultation today.

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Client Reviews

    
 
 
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   Kenny Perlow 
 15 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 79 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 82 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 88 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 94 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 117 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 130 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 140 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!
  
 
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   Lynn Gill 
 141 days ago
 
 
 Trustindex verifies that the original source of the review is Google. The personnel at this business were second to none. Everyone was super responsive and amazing to work with. For any future legal needs, this will be my go-to, hands down.

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