After an accident, it is important to seek medical attention as soon as possible even if you do not have real symptoms. This ensures documentation of any injury you may be suffering from. Also, you will need medical records to support your personal injury claim. Any Macon personal injury attorney will tell you that keeping track of these records can make a difference in your fight for financial compensation. They will encourage accident victims to a detailed list of their symptoms and when they started, a journal that documents their recovery progress, a log of all conversations they have with their doctor, all insurance documents, their health insurance policy documents, their medical bills, injury photos, doctor’s letters, medical treatment documents, medical payment receipts, and other related records. The following are reasons medical records are important in personal injury cases:
They Help Prove Your Case
As a claimant in a personal injury case, you have the burden of proof. Whether during settlement negotiations or court trials, you must have convincing evidence that shows the defendant owed you a duty of care, they breached this duty, such a breach resulted in your injury, and that you sustained damages because of the injury.
These elements hinge on the available evidence. Medical records tell the truth. Courts trust and examine these records. Also, your medical records will help establish the basis of an expert witness’s testimony and your attorney’s analysis of your case. For instance, your records can help establish whether your injuries directly resulted from a car accident.
Calculate Your Damages
When your case goes to trial, you must give the judge or jury a factual basis for your damages’ monetary value. Medical records help your attorney understand the out-of-pocket cost of your injuries. Other kinds of damages such as pain and suffering and emotional distress do not have direct monetary value.
Counter the Defense Tactics of Insurers
Insurance companies will always find opportunities to decrease or avoid liability. If your medical records are in question or you do not have any record at all, the insurer will exploit this fact. They will question the link between your injury and the accident, the severity of your injury, and whether the treatment you received was necessary.
A skilled personal injury attorney has a long track record of countering such defense tactics. They understand how insurers approach claims and are ready to defend you. However, they will need medical evidence to make this happen.
