Car accidents can have harsh implications. You are lucky if you get away without any scratches in a collision.
The medical testing, care, and treatment provided after an accident help gather documentation viable for future lawsuits. Any evidence of treatment received, ailments detected, and future rehabilitation expected strengthens the argument for an enormous settlement amount. A successful vehicle accident claim is built on medical proof. It gives a continuous record of every treatment you’ve received since the day of the vehicle accident. The doctor’s diagnosis reports help establish a relationship between the automobile accident and your injuries.
Read on to understand more about the role of medical evidence in your car accident lawsuit.
Medical Evidence Matters
The plaintiff has the burden of proof in legal actions such as personal injury claims. The facts determine the success of a civil case that the plaintiff must prove to get a more significant settlement sum. Documents, witness testimony, confessions, prescriptions, and pictures that support a claim can all be considered evidence.
In a car accident lawsuit, medical evidence is imperative.
In lawsuits, medical evidence especially comes into play in personal injury cases. It is used to prove causation and damage. The evidence should imply that the collision caused the claimant’s injuries to prove causation. It also needs to show the severity of injuries caused due to the accident to prove damage suffered by the claimant, which can be diagnosed by medical evidence like an x-ray.
A few other things can be established using medical evidence. Apart from connecting the accident to the injuries, which guarantees reimbursement, it also depicts the number of injuries and the acute discomfort, incapacity, and long-term impacts following the accident.
Varying types of medical evidence have different weights. A doctor’s note is valued more than a medical practitioner hired to come to court, as the judge might assess that the paid expert is biased toward the plaintiff.
Obtaining medical evidence may make or break a car accident case, which is why getting treatment from reputable medical specialists is critical. Choose a professional physician over practitioners such as chiropractors or acupuncturists since insurance firms and courts do not have as much respect for them as medical doctors.
You should also strictly adhere to the treatment doctor’s advice and attend all follow-up appointments. Insurance firms will take any opportunity to criticize and downplay your injuries to avoid a considerable payout. Failing to comply with the doctor’s instructions or having a gap in treatment may be used by your insurer to conclude that you aren’t as wounded as you claim.
Therefore, following an accident, seek medical treatment as soon as possible, even if you believe you can avoid it, as delay can worsen any physical damage and impair a subsequent claim.
The Most Important Medical Evidence
The law considers documentation very seriously.
Visual documentation, such as pictures of the vehicle and skid marks on the road, is vital. It helps to build on your story of the incident. The visible physical injuries you suffered are also part of the documentation. Your car accident lawyer and experts can link these two pieces of documentation evidence to establish facts about your injuries. Only documentation can re-trace the order of events that occurred at the time of the accident. Let us reiterate- pictures documenting your injuries help your insurance claim.
Other documentation crucial to your car accident lawsuit is the medical evidence obtained immediately after the collision. The doctor’s examination report from the hospital’s emergency room and the on-site emergency medical personnel’s assessment of the site helps establish the causation of your injuries.
Aside from these primary medical proofs, the following are considered significant in the courtroom:
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Surgeon’s notes:
Surgery is a much more extreme medical procedure that is only advised in case of permanent and catastrophic damage to the head, brain, skull, and neck. If not detected, brain damage can alter your personality and bodily functions. It is also required in fractures, soft tissue injuries, disfigurement, spinal injuries, internal organ injuries, and damage to the dental area.
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Physical therapist’s notes:
Physical rehabilitation is the most crucial thing to do after an injury. It treats musculoskeletal problems, including tendon strains, and performs specific assessments like joint strength. It aids in faster recovery, decreases medication dependency, and prevents future impairment. In extreme cases, you must relearn daily actions like brushing your teeth. Note that you can include physical therapy in your lawsuit for reimbursement requests.
- Diagnostic tests:
Diagnostic tests are crucial to check for any internal injuries. Cost-effective tests like x-rays are used to detect fractures and dislocated joints. A costlier but crucial diagnostic test to detect traumatic brain injuries is Magnetic Resonance Imaging (MRI). Another diagnostic test is the Computed Tomography (CT) scan to assess for any nerve damage or cancer.
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Laboratory tests:
The U.S. Food and Drug Administration (FDA), on February 14, 2018, approved the Banyan Brain Trauma Indicator, a blood test to evaluate concussion. This blood test detects traumatic brain injuries in their initial stage.
Conclusion
If you are ever in a car accident, obtain a prognosis statement. As opposed to a diagnosis record, it is provided after the diagnosis examination to estimate future lost income and medical expenditures to the insurance company and the court. Gather your medical data and request your medical practitioner for a prognosis statement.
After a car accident, to summarize,you need to consider the following:
- See a doctor because you require proof of the extent and severity of the injury. The doctor must be different from your regular doctor to avoid bias.
- You should contact a clinic or hospital for physical tests within a few days of the accident.
- Tell the doctor about your symptoms and reveal all past details of previous injuries and accidents to the doctor.
- Based on the doctor’s report, you can determine the worth of your settlement amount.
Sources:
- https://www.injurylawcolorado.com/car-accident-attorney/medical-evidence-car-accidents/
- https://sierralitigation.com/2021/02/04/the-importance-of-medical-evidence-in-a-car-accident-case/ )
- https://nelsonmacneil.com/blog/role-medical-evidence-personal-injury-case/
- https://elrodpope.com/importance-medical-evidence-car-accident-claim/#:~:text=Medical%20evidence%20can%20prove%20not,and%20suffering%2C%20or%20mental%20anguish.
- https://tingeylawfirm.com/document-an-accident-no-matter-whos-at-fault/
- https://www.michiganautolaw.com/blog/2018/02/21/blood-test-detects-brain-injury-car-accidents/#:~:text=The%20goal%20of%20the%20blood,%2C%E2%80%9D%20per%20the%20FDA’s%20release.
- https://www.toddwburrislaw.com/what-are-the-most-common-surgeries-after-car-accidents/
- https://physicaltherapyqueensny.com/the-benefits-of-physical-therapy-after-a-car-accident/
- https://ehealth.eletsonline.com/2022/06/4-important-diagnostic-scans-after-a-car-accident/#:~:text=They%20can%20be%20an%20excellent,even%20some%20severe%20internal%20injuries.