This week, we settled a personal injury case for the full insurance policy limits - the full amount of the at-fault driver's insurance, plus the full amount of our client's underinsured motorist insurance (UIM) coverage. All because of one chart note in the client's medical records. Medical evidence is the foundation for all personal injury cases and can make or break a case. Medical records, doctors' notes, and medical bills are used by both the plaintiff and the defendant to determine liability, prepare for expert review, and decide damages. If you or a loved one has been injured by the negligence of another person, it is important to have an experienced lawyer review your medical records to determine if you are eligible for financial compensation. In particularly complex cases, we often even hire a nurse to review the records and provide us with a report about the client's injuries, diagnosis, prognosis, etc.
Medical records are evidence. Good evidence is essential to prove your insurance claim or win your personal injury lawsuit. The following are some of the most common types of medical records used as evidence in personal injury cases:
* Ambulance/EMT records
* Emergency room records
* Doctor’s notes
* Test results/diagnosis
* Doctor’s recommended course of treatment
* Description of any pain experienced during treatment
* Estimated recovery time
* Required future medical treatments
* Prescription/pharmacy records
* Medical bills/expenses
* Estimated future medical bills/expenses
Medical records are also documentation; they provide proof of your injuries. Records from the emergency room, doctor’s office, hospital, physical therapist, chiropractor, massage therapist, pharmacy, and other medical professionals can be used as evidence to show what type of injuries you suffered, what type of treatment was given, how much pain you suffered, and how the injury has affected and will continue to affect your life.
Medical records also prove your damages. The lack of prompt and necessary medical attention can have a negative impact on your case. As can unexplained interruptions in treatment or "No Show" notations in your chart notes. Without the necessary medical records as proof of damages, the insurance company can argue that your injuries were not that serious or that you made a full recovery. Unfortunately, skipping medical treatment due to transportation problems, financial concerns, or work-related issues may still negatively affect your case.
Consulting an experienced lawyer and following their advice can help you obtain a fair and reasonable settlement or verdict. If you or a friend, family member, neighbor, or co-worker has been injured in an auto collision and needs legal advice and representation, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today. We are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference.