The importance of treatment and medical records in your personal injury case.

After an accident, dealing with injuries is stressful enough without the added confusion of a potential legal claim. Many injured individuals have questions about why they need to go to the doctors and how medical records are important.

At Van Law Firm, we understand these concerns. This guide answers common questions about the critical role your medical records play. These documents are often the foundation of a successful personal injury claim, providing the necessary proof of your injuries and their impact. 

Why are my medical records crucial for my case?

Medical records are vital because they offer objective proof of your injuries, treatments, and the accident’s effect on your health. While your description of pain matters, records from healthcare professionals, who focus on treatment rather than legal outcomes, provide validation. This objectivity adds significant credibility to your claim.  

Records document the injury’s existence, nature, severity, and duration. They turn your experience of being hurt into a medically documented reality. Strong, consistent records bolster your credibility with insurers and courts, making it harder to dispute the harm you’ve suffered.  

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How do these records prove the accident caused my injuries (causation)?

Proving causation, the accident cause the injuries, is essential. Medical records are the primary way to establish this link.  

The timeline is critical. Seeking prompt medical attention creates records showing injury onset close to the accident date, strongly suggesting the event caused the harm. Delays can weaken this link. Records often include the patient’s history of how the injury occurred, documented by the provider. Physicians’ opinions noting injuries consistent with the accident type (e.g., whiplash from a rear-end collision) add expert validation. Objective findings like X-rays showing fractures and physicians’ observations provide concrete proof. Records also help differentiate new injuries from pre-existing conditions. Because insurers often challenge causation, clear, consistent records are vital strategic evidence.  

How do medical records help determine the value of my claim (medical bills, lost wages, pain & suffering)?

Medical records are indispensable for calculating the monetary value (damages) of your claim.

• Medical Bills: Itemized bills and statements document past treatment costs. Physician notes detailing prognosis and future treatment needs (surgeries, therapy) help estimate future medical expenses.  

• Lost Wages: Doctor’s notes recommending time off work substantiate claims for past lost income.  

• Pain and Suffering: While subjective, these non-economic damages are supported by records showing injury severity, painful or burdensome treatments (multiple visits per week, injections, and surgeries), prescribed pain medication, and documented limitations. Insurers often use methods like the “multiplier” or “per diem” approach, which frequently rely on the documented economic damages (medical bills, lost wages) as a base.  

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What if I had a pre-existing condition before the accident?

Having a pre-existing condition doesn’t automatically bar recovery. If the accident worsened your condition, the negligent party is generally responsible for that worsening. The defendant takes the victim as they find them; they can’t avoid liability just because you were more susceptible to injury.  

Medical records are crucial here. They establish your baseline health before the accident and show how the condition worsened after. Detailed records comparing pre- and post-accident symptoms and treatments differentiate the aggravation from the underlying issue. Be honest about pre-existing conditions; hiding them damages credibility.  

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Do I have to share all my medical history with the insurance company? What about HIPAA/privacy?

The Health Insurance Portability and Accountability Act (HIPAA) protects your medical privacy. While you have a right to your records , filing a claim means relevant records must be disclosed.  

However, never sign a “blanket” medical release from an insurance company. These grant access to your entire history, allowing insurers to search for unrelated issues to deny or reduce your claim. Instead, provide a limited authorization, releasing only records directly relevant to the accident injuries. This protects your privacy while fulfilling legal requirements.  

Does it hurt my case if I missed appointments or didn’t follow doctor’s orders exactly?

Yes, inconsistency in treatment can significantly harm your claim. It damages credibility, suggesting injuries aren’t serious or you aren’t committed to recovery. It weakens the causation link, allowing arguments that subsequent problems are unrelated or due to non-compliance. It can reduce claim value, as adjusters often equate consistent treatment with severity. It may also be seen as a failure to mitigate damages, potentially reducing your compensation. Attend all appointments, follow medical advice, and communicate any difficulties to your doctor. 

Conclusion

Your medical records are the objective story of your injuries and recovery. They prove the injury, link it to the accident, justify damages, and support your credibility. Prompt medical care, consistent follow-through, honesty about your history, and careful handling of record releases are crucial. Given the complexities, seeking guidance from an experienced personal injury attorney like the ones at Van Law Firm is vital to ensure your records are used effectively to pursue the fair compensation you deserve. Please contact Van Law Firm for your free consultation.