To get compensation for a car accident, you will need to provide evidence of what happened to you as well as evidence of the injuries you suffered. Collecting evidence and getting it admitted in your case is something your attorney will be able to help you with. One of the most important pieces of evidence you will need is your medical records.
To prove your injuries, you will need all available medical records pertaining to the accident. More specifically, you will need records that show when your injuries occurred, what injuries occurred, and what the full extent of each injury was. Any records with recommendations on courses of treatment and estimates about your prognosis and healing process will also be important. In some cases, you might also need records from before the accident to show that your condition was not there before the crash.
For a free review of your accident case, call the Maryland car accident injury attorneys at Rice, Murtha & Psoras today. Call us at (410) 694-7291.
What Kinds of Information Do Your Medical Records Need to Show for a Car Accident Claim in Maryland?
Getting compensation after a car accident usually requires you to produce evidence. This evidence needs to show that the accident happened – so things like photos of the accident and testimony about how the accident happened will be important. You will also need to show that the other driver caused the crash – which, again, is where your testimony and the testimony of other witnesses will be important. Lastly, you will need evidence of what injuries and damages you suffered – which will, in part, require you to produce medical records. These records must contain information that will help you prove what damages you suffered.
First, your medical records must contain what essentially amounts to a list of the injuries you came in with. If you went to the ER after a car crash, the doctors and nurses who treat you should have noted all injuries they found. Our Baltimore car accident lawyers can then connect that these happened in the car crash and argue that all injuries listed were the other driver’s fault.
Sometimes doctors will list injuries or conditions that they notice, but these will not actually be related to the accident. The defense will often try to claim that some injuries could have been preexisting, so we can counter that with additional medical records from before the accident. If those records show that those symptoms and conditions were not present before the accident, and the records from the ER show that they were present after the accident, that helps us prove that the accident caused those injuries. Many legal issues can be very complex and complicated, but precise evidence like this can help you build a strong case.
Additionally, you want to use medical records that contain information about how severe your injuries were. Part of proving the damages in your case will involve proving that they were severe, that they affected your day-to-day living, and that they will involve ongoing care and recovery. Records with these details are strong evidence of damages.
Is it Bad if I’m Missing Medical Records for My Car Accident Case in Maryland?
In many cases, missing or deficient medical records can hurt your case. However, there are some ways our Maryland car accident lawyers can work around some of these issues. Nonetheless, it is best if you do provide clear, well-written medical records as evidence.
Problems with Missing Medical Records
If you do not have medical records of the treatment for your car accident injuries, that will allow the defense to challenge your claims. If you claim you were injured and went to the hospital, but you do not have a record of it, they will paint your testimony as untrustworthy. It is vital to get the medical care you need so that records can be created. It is then vital to get copies of all records.
If there is a gap in your medical records, that can also hurt your case. If your records show that you skipped some medical care or ignored your doctors’ recommendations, then the defense can once again use this to their advantage. In this case, they will try to show that you did not do everything you were supposed to to “mitigate damages” and thus potentially limit your damages.
The same issues are present with weak records or records lacking in detail. Some medical professionals are simply bad at keeping records, and important details might be missing from the paperwork.
Potential Solutions and Supplemental Evidence
Generally speaking, patients are entitled to copies of their medical records. If you sought medical care, it is rare that your records would be missing or unavailable. Nonetheless, if your records are unavailable or weak but you can get the doctors, EMTs, and nurses who treated you to testify to the extent of your injuries, that can help prove your injury case, too.
Often, juries find in-person testimony stronger than records. Our attorneys can seek to back up weak or missing evidence by calling the proper witnesses to testify.
In some cases, even strong records might not provide details on your prognosis and give the court enough evidence about how your injuries will affect your life and work prospects going forward. We may also need additional expert testimony to supplement the records that you already have. To get this, we can hire experts – likely medical doctors – to examine you and provide the court with an opinion as to what care you will need going forward and how your daily activities and work tasks will be impacted.
Talk to our Annapolis car accident lawyers about what other evidence to collect to supplement your medical records. Note that all of this evidence is also separate from the medical bills, which will be used to prove how much your treatment actually cost.
Call Our Maryland Car Accident Injury Lawyers Today
For a free review of your potential car accident case, call our Aberdeen car accident lawyers. To reach Rice, Murtha & Psoras, call (410) 694-7291.