If you have become injured in a slip and fall accident, car accident, or because of a medical mistake, you have the right to pursue compensation through a personal injury lawsuit, which is a legal action you can take to hold the at-fault party responsible for your injuries, or insurance claim. The at-fault party who caused your injuries is legally responsible for paying for your economic and noneconomic damages. One of the most important aspects of pursuing a compensation claim involves carefully documenting your injuries.
Maintaining accurate records of your injuries, how they affect you, and what types of treatments you are receiving is a responsibility that can help you hold the at-fault party responsible. This includes keeping a journal of your symptoms, taking photographs of visible injuries, and retaining all medical bills and reports. It can also help you prove that your injuries are as severe as you claim and that the accident caused them.
A personal injury attorney, as your legal advocate, can help you gather evidence of your physical injuries, the types of medical treatments you have had, and what future medical procedures you should expect. They can also guide you on what types of documentation are most beneficial for your case. Gathering and organizing documentation of your injuries and treatment is a crucial aspect of recovering the full amount of compensation you deserve, and you, as the injured party, play a vital role in this task.
Why is Documenting Your Injuries Important?If you do not include evidence of the extent of your injuries, you will almost certainly lose your personal injury claim or insurance claim for compensation. At the very least, your settlement amount will be reduced. More substantial medical evidence could include detailed medical reports, photographs of injuries, and testimonies from medical professionals. The more substantial your medical evidence, the more likely you will receive a fair settlement offer.
Establishing the Severity of Your InjuriesOne of the most important things you can do after being injured in a personal injury accident is to seek medical attention as soon as possible. If you do not seek medical attention or delay medical attention, you will not have proof of your injuries, no matter how obvious they may be.
Obtaining medical documentation provides evidence that you have suffered injuries. It also demonstrates the extent of your injuries and provides information on the possible long-term physical effects and medical expenses you will endure.
Medical Documentation Helps Prove CausationTo win a personal injury lawsuit, you will need to prove that the at-fault, negligent party caused your injuries and financial damages, which can include medical expenses, lost wages, and pain and suffering. Your medical records are usually the most substantial evidence showing how and when your injuries occurred. If you do not provide medical records, the at-fault party may be able to claim that your injuries existed before the accident to avoid paying you compensation. They may also claim that your injuries are not severe enough to warrant the compensation you demand.
Tracking Your Medical ExpensesWhen your attorney negotiates for a better settlement, they will benefit from providing proof of the cost of your medical treatment. Some injuries can be attended to quickly after an accident in just a few visits. More serious injuries will usually require follow-up visits and may necessitate visits to several specialists. When you are trying to recover from a serious injury, it can be difficult to remember all of your medical expenses and bills.
Keeping accurate records of your medical treatment and the associated costs can help compensate you for your financial hardship. Additionally, keeping all the documentation, bills, receipts, and referrals will make calculating the total compensation you deserve easier. It can also help you calculate an estimate of future expenses. The more substantial your medical evidence, the stronger your injury claim for financial hardship will be, providing you with a sense of security and confidence in your claim.
Medical Documentation Can Protect You From Legal ChallengesThe negligent party’s legal team, whether through insurance claims adjusters or the defendant's attorneys, will do everything possible to downplay or outright deny your claim. Collecting medical evidence is crucial to providing proof of the severity of your injuries and the financial hardships your injuries have cost. Your personal injury lawsuit can be challenged without detailed and extensive Medical documentation.
Settlement NegotiationsUsing your medical records show the severity of your injuries can help your attorney aggressively negotiate with the defendant. When you have well-documented injuries, the other side may be more likely to engage in fair settlement negotiations because they will not allow you to prove the full extent of your injuries in court.
Contact an Experienced Personal Injury Attorney in North CarolinaHave you or a loved one been seriously injured in an accident that was not your fault? If so, the skilled attorneys at Arnold & Smith, PLLC, are here to help. It is important to note that you only have a short amount of time, known as the statute of limitations, to file a claim. This time limit varies depending on the type of accident and the jurisdiction. Contact us to schedule a complimentary, no-obligation case evaluation with one of our experienced attorneys.