Why Are Medical Records Important in a Personal Injury Case?

By MatadorAdminPersonal Injury Lawsuits

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, 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 can help

At Kantrowitz, Goldhamer & Graifman, 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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