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Documentation is key in any personal injury case. Not only do you need to prove the injury, but you also need to prove the nature and extent of your damages. Medical records are one of the most important parts of any claim or lawsuit you may file. In a personal injury case, the entire amount of your damages flow from your medical condition and prognosis. For example, if you are claiming lost wages as part of your personal injury, you would need to prove that you are unable to work. If you are seeking pain and suffering damages, the exact amount will depend on the severity of your medical condition. The insurance company would need to know how you have been physically harmed to understand how you have been affected by it.
The experienced Rock Hill personal injury lawyers at Schiller & Hamilton can help you build a claim that could lead to top dollar for your personal injury.
Make Sure To Seek Treatment and Obtain Medical Records
You must have medical records from every doctor that you have seen for your resulting injury. You may have initially been treated by one physician who has referred you to a specialist to treat your injuries. You would need medical records from all of these doctors to detail the extent of your condition. Further, medical records also include treatment notes from any mental health professionals from whom you have sought help. You may be claiming emotional distress damages so you need evidence that you are indeed suffering mental health difficulties as a result of your injury.
Medical Records You May Need for Your Personal Injury Case
Medical records that can be helpful to your personal injury case include:
- Records from an emergency room visit
- The evaluation from a general physician you saw
- Treatment notes from a specialist
- Prescriptions for medication that could indicate your condition
- Notes from any surgical procedures you had
- Your course of treatment from physical or occupational rehabilitation
- Medical bills that can detail your treatment and which doctor you saw
It is your responsibility to gather and collect all the necessary medical records. Your attorney will ask for these documents when representing you in your personal injury case. It is vital that your lawyer can work quickly to estimate the amount of damages you should seek from the insurance company.
The Insurance Company Will Always Try To Minimize Your Damages
The insurance company is known for trying to second-guess and minimize your injuries. Simply stated, they do not want to pay you what you are owed because it comes out of their account. They may have their doctor review your medical records to reach their conclusion about your condition. When you have been examined and treated by your doctor and they have provided detailed medical records, it becomes harder for the insurance company to formulate their own credible opinion that is at odds with that of your doctor.
Get Medical Help Immediately After Your Accident
As a personal injury victim, you must see a doctor as soon as possible after the accident. You need to get an evaluation of your injuries as quickly as possible after the injury occurred. Additionally, you should never delay getting medical help, as your condition can worsen over time if left untreated. Finally, the insurance company may accuse you of a failure to mitigate your damages if you do not see a doctor.
They may claim that your injury resulted from delayed medical help. Regardless, it is incumbent upon you to act with as much prudence as possible by seeing a doctor and following all treatment recommendations.
One of the key elements in a personal injury claim is that you establish causation. You must show a connection between the defendant’s wrongful actions and your injuries. The longer you wait to obtain medical records, the more tenuous any connection between the accident and your injury. For example, if you have suffered whiplash, and you claim that you have neck or back pain, the insurance company may claim that your condition arose from something else if you waited too long to seek help.
Medical Records Build Credibility with the Insurance Company
The success of your personal injury claim may also depend on the amount of credibility that you can establish with the insurance company. If they have any doubts about your claim, they are more likely to impose delays and offer a lower settlement. The more comprehensive a claim that you can file with the insurance company, the stronger your legal case when trying to negotiate compensation. You should never be in a position where they are requesting more information about your injuries because they are not able to determine the extent of your condition from what you have placed in front of them.
Let a Rock Hill Personal Injury Lawyer Help You Build Your Case
An experienced personal injury lawyer knows the exact documentation needed to establish your injuries.
They would assemble your claim using these documents to make the strongest legal case possible for you. It may seem daunting to document your claim—you are always better off when you entrust the details of your case to a lawyer.
If you have suffered a personal injury that was someone else’s fault, the attorneys at Schiller & Hamilton will work for you to obtain every dollar that you deserve in compensation. Call us today at 803-902-4583 or send us a message online to schedule a free initial consultation with one of our attorneys.