Reasons For Medical Records Release In Injury Cases
Medical records play significant roles in personal injury cases, both for defendants and plaintiffs. In fact, medical records can make or break an injury case. The following are some of the specific roles medical records play in injury cases.
Cause of Injuries
Many personal injury defendants use preexisting injuries as a defense to avoid or reduce damages due to personal injury defendants. For example, the defendant might claim that the accident did not cause your back pain and that the back pain is a result of you not using ergonomic workspace at work. In such a case, you will need your medical records to prove that your injuries stem from the recent accident.
Viability of the Case
Both you and the defendant can use your medical records to determine whether the injury case is viable. For example, you have a strong case if the records show the cause of your injury as the accident, and the injuries are significant. This way, you can hold on for a bigger settlement, or even fall a lawsuit if the defendant is insisting on a low offer. Such records may also convince the defendant to settle the case so as not to risk losing in court, where judgment can be unpredictable.
Evidence for Medical Damages
Medical damages are some of the biggest damages personal injury victims claim. For you to be compensated for all your medical issues, however, you must be able to prove them. Your medical records include your medical bills, which you can use to prove your medical damages.
Existence of Injury
To ward off insurance fraud, insurance companies expect injury victims to show proof of their injuries before claims settlements begin. Just because you are claiming injuries doesn't mean that you were injured if you have no proof for the same. This is why accident victims are advised to seek medical treatment even if they don't think they have serious injuries. The medical treatment will generate a medical report that can help you prove that you were indeed involved and injured in an accident.
Nature and Extent of Your Injuries
You can also use your medical records as evidence for your case. For example, internal or soft tissue injuries are not visible to other people, and they are not easy to prove. However, if you do have such injuries, they will be explained in your medical records. Thus, you can use the records to prove that you suffered the injuries you are claiming.
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