Medical records prove the real impact of car accident injuries. They are evidence of the diagnosis, treatment, and recovery time, among other effects, which help in convincing the insurance company of the gravity of the situation and the financial loss incurred.
Medical records are also important to maximize your compensation after a car accident since they are used to establish a connection between the accident and the injuries sustained.
Why Medical Records Matter in Claims
Medical records are the framework of any car accident settlement negotiation or lawsuit. They provide an objective source of evidence that turns subjective claims into objective facts.
- Establish Causation: Medical records prove the accident resulted in particular injuries, refuting allegations of pre-existing conditions.
- Quantify Damages: Detailed billing and treatment records establish continuous expenses from emergency care to rehabilitation.
- Support Long-Term Effects: Imaging, opinion, and treatment progress documentation establishes chronic conditions such as whiplash or traumatic brain injury.
Essential Components of a Strong Medical Record
A strong medical record is composed of a number of components that make up a strong case. Victims must make sure that all their dealings with medical professionals are well documented.
- Initial Emergency Reports: ER visits document initial injuries, vital signs, and diagnoses shortly after the accident.
- Diagnostic Tests: X-rays, MRI scans, and CT scans offer graphic evidence of bone fractures, soft tissue damage, or internal damage.
- Physician Records: Progress reports list symptoms, treatments, medications prescribed, and suggested therapies.
- Therapy and Rehabilitation Entries: Physical therapy records document recovery time and persistent limitations.
- Billing and Pharmacy Entries: Statements for medical procedures, hospital stays, and medications place a dollar value on economic damages.
How Records Boost Settlement Amounts
The insurers review medical records to determine the value of the settlement. Complete records are directly linked to higher awards because they substantiate the need for compensation for economic and non-economic damages.
Complete records affect settlement negotiations in the following ways:
- Economic Damages: They substantiate claims for past and future medical expenses, which are often projected over a lifetime for permanent injuries.
- Non-Economic Damages: Documentation of pain, loss of quality of life, and mental anguish supports compensation for suffering.
- Lost Wages and Loss of Future Earning Capacity: Doctor’s records of work restrictions prove income losses and loss of future earning capacity.
For example, medical records indicating regular treatment for a herniated disc may increase a claim for a small rear-end collision from thousands to tens of thousands. Incomplete care, however, raises doubts and lowers offers.
Common Pitfalls and How to Avoid Them
Victims often damage their own claims by mismanaging their records. Knowledge of these pitfalls will maximize leverage.
- Delays in Seeking Care: When too much time passes after an accident, it indicates that injuries are not serious or are unrelated.
- Incomplete Follow-Ups: Missing follow-up appointments raises questions about the severity of injuries.
- Inconsistent Documentation: Inconsistencies between records and testimony will damage credibility.
- Failure to Retain Copies: Failing to make personal copies of all records will impair preparation of claims.
Strategies to Strengthen Your Medical Documentation
Preemptive measures will maximize the impact of medical records during settlement negotiations.
- Keep a personal injury record in addition to medical records, recording daily pain and restrictions.
- Consult specialists for difficult injuries to obtain expert reports.
- Follow through on all suggested tests and treatments to close gaps in documentation.
- Keep records in chronological order for convenient scanning by adjusters or attorneys.
Key Takeaways
- Ensure that you have consistent and immediate medical attention to create an ironclad record trail.
- Save all documents, including bills and expert opinions, as they are direct evidence of damages.
- Use record evidence to create a causal link between injuries and the accident to counter insurance company defenses.
- Use experts to analyze documents and negotiate higher settlements with confidence.
- Remember that saving detailed records not only helps you negotiate higher settlements but also helps you resolve claims faster.