October 31, 2024 Medical records are often the cornerstone of a personal injury case, providing the detailed evidence needed to validate injuries and their impact on a person’s life. These records hold special importance as they help connect the injury to the accident, support claims of pain and suffering, and assist in calculating fair compensation. Without thorough documentation from healthcare providers, it becomes far more challenging to pursue a personal injury case.
Establishing the Severity of Injuries
In a personal injury case, it’s up to the injured person, or plaintiff, to prove the reality and extent of their injuries. Medical records serve as a primary piece of evidence and are used to show how the injuries have impacted the individual’s health and daily life.
For example, if a person suffers a fractured bone in a car accident, records like X-rays, physician notes, and hospital discharge documents provide concrete proof of the injury.
Key components of medical records for injury cases include:
- Initial Diagnosis: Notes from the initial medical examination that describe the injury and its immediate impact.
- Treatment Plans: Documentation of any treatments needed, such as surgeries, medications, or physical therapy, showing the nature and extent of care.
- Follow-up Notes: Regular progress reports indicating how the injury is healing, any complications that arise, and the overall impact on the plaintiff’s recovery.
- Prognosis: Statements about long-term or permanent effects of the injury, which are valuable when calculating future damages.
Without comprehensive medical documentation throughout the treatment process, the insurance company may question the legitimacy of the injury, downplaying its severity or suggesting that the injury victim is exaggerating.
Linking the Accident to the Injury
One of the most challenging aspects of a personal injury case is establishing that the injury directly resulted from the accident, a concept known in legal terms as causation. Medical records can help establish this link by offering professional opinions from the doctors and specialists who treated the injury.
How medical records help prove causation:
- Emergency Room Documentation: Seeking immediate medical care after an accident strengthens the argument that the injuries are directly related to the incident in question.
- Doctor’s Initial Visit Notes: Medical records from a visit soon after the accident provide strong support that the injuries stemmed from the event, rather than an unrelated incident or pre-existing condition.
- Specialist Reports: Reports from orthopedic surgeons, neurologists, or physical therapists add credibility, particularly when dealing with complex injuries.
In New York personal injury cases, failing to establish causation can result in reduced or denied compensation. If records clearly indicate a sudden onset of symptoms after the accident, they reinforce the argument that the injuries were caused by the incident.
Demonstrating Pain and Suffering
Quantifying non-economic damages, such as pain and suffering, is often one of the most challenging aspects of a personal injury case. These are subjective experiences, yet they play a major role in calculating a fair settlement or court award. Medical records can indirectly provide insight into pain and suffering by recording the severity of injuries and treatment requirements.
Examples of evidence from medical records that support pain and suffering claims include:
- Physician’s Pain Assessments: Doctors typically assess pain levels using standardized scales, and recurring documentation of significant pain can support claims of suffering.
- Prescription Records: Pain medications or mental health treatments, such as antidepressants, show that the injury has required more than just physical recovery.
- Mental Health Support: If the injury led to psychological issues—such as anxiety, depression, or PTSD—records from mental health providers are powerful support for claims of emotional distress.
In New York personal injury cases, compensation for pain and suffering can be significant, particularly when the injury permanently affects quality of life. Medical records that clearly reflect high pain levels or the need for ongoing mental health treatment strengthen these claims.
Supporting Economic Damages
Economic damages cover financial losses, such as medical bills, lost wages, and projected future expenses due to the injury. Medical records are an important part in substantiating these damages, providing the data needed to calculate fair compensation.
In a New York personal injury case, economic damages can include:
- Past Medical Costs: Medical records documenting all treatment costs, from hospital stays to physical therapy, contribute to a full accounting of the plaintiff’s past expenses.
- Projected Future Costs: For permanent or long-term injuries, physicians can use medical records to project future treatment needs, including surgeries or extended physical therapy.
- Lost Wages and Reduced Earning Capacity: If injuries prevent the plaintiff from working or diminish their future earning potential, medical records and statements from doctors provide evidence of these financial impacts.
Medical records thus form the basis for calculating both current and anticipated economic losses, ensuring the plaintiff is compensated fairly for their financial setbacks.
Protecting Against Insurance Company Tactics
Insurance companies are known to use strategies to minimize the amount they pay in personal injury claims. They may attempt to discredit the injury, question its severity, or argue that the plaintiff contributed to their own injuries. Medical records serve as a line of defense against these tactics, providing clear documentation that the injury exists and is serious.
Medical records can counter these tactics by:
- Documenting Consistent Care: Regular appointments and follow-up care show that the injury is ongoing, not fabricated or exaggerated.
- Highlighting Treatment Necessity: When a healthcare provider documents that a specific treatment is necessary, it becomes harder for an insurance company to argue that the care was unnecessary or excessive.
- Addressing Pre-Existing Conditions: If a plaintiff has a pre-existing condition, medical records can clarify that the accident aggravated it. New York law allows for compensation if an accident exacerbates an existing injury.
Maintaining consistent medical records and following the doctor’s advice helps to prevent insurers from using these tactics successfully.
Navigating New York State Personal Injury Laws
New York has specific legal guidelines for personal injury cases, and medical records help ensure that these requirements are met. For instance, New York follows a “comparative negligence” standard, meaning that a plaintiff’s compensation can be reduced if they are partially at fault for their injuries. Medical records can support arguments that the injury was solely due to the defendant’s negligence, reducing any impact on compensation.
Other New York-specific legal factors include:
- No-Fault Insurance: For motor vehicle accidents, New York requires plaintiffs to file claims with their own insurance before pursuing the at-fault party, unless injuries exceed the no-fault threshold. Medical records that meet this threshold support the right to pursue a personal injury claim.
- Statute of Limitations: In New York, personal injury claims must be filed within three years of the accident. Medical records provide a timeline to help ensure that cases are filed within this window.
- Serious Injury Threshold: To go beyond no-fault insurance, injuries must meet a “serious injury” threshold. Medical records that document severe physical or emotional trauma help plaintiffs meet this requirement.
Tips for Managing Medical Records
Given the importance of medical records, it’s essential for injury victims to be proactive about managing them throughout their case.
- Request Copies Regularly: Keeping copies of medical records from each visit can provide a clear timeline of care and avoid delays.
- Follow Treatment Plans: Consistent adherence to prescribed treatments strengthens the claim and minimizes opportunities for insurers to dispute it.
- Document Symptoms and Side Effects: Keeping a personal log of symptoms can complement medical records, offering a more complete picture of the injury’s impact.
Cellino Law Is Here To Help
Medical records are indispensable in New York personal injury cases, serving as the foundation for nearly every aspect of a claim. From establishing the injury and linking it to the accident to calculating damages and protecting against insurance tactics, these records guide the case toward a fair outcome.
For anyone pursuing a personal injury claim, maintaining accurate, comprehensive medical records is one of the best ways to secure appropriate compensation for the injuries endured. At Cellino Law, our attorneys are well-versed in New York’s personal injury laws and have successfully litigated thousands of cases where medical records played a crucial role in recovering a settlement. If you’ve been injured, call Cellino Law at 888-888-8888 for a free case consultation.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.