A successful personal injury lawsuit depends on strong, well-documented evidence. Among the most important pieces of that evidence are your medical records. They play a critical role in establishing the extent of your injuries and their impact on your life.
To recover compensation, you must show that the defendant’s negligence directly caused your injuries and resulted in measurable damages. Medical records serve as key documentary evidence, helping connect the incident to your condition and supporting the value of your claim.
With more than 40 years of experience, Buchanan, Williams & O’Brien has represented individuals injured due to the negligence of other parties. If you or a loved one has been harmed, it’s important to take action. Contact us today — you deserve a legal team you can trust to protect your rights and pursue the compensation you’re owed.
Medical Records as Evidence: A Key Factor in Your Claim’s Value
Settlement value in a personal injury case generally correlates with injury severity. A plaintiff who requires long-term medical expenses should receive a higher settlement than someone who recovers in a short period without permanent impairment.
Insurance companies often evaluate claims with a focus on limiting overall payout. As part of that process, they may question the severity or extent of a plaintiff’s injuries. Comprehensive medical records help provide an objective account of the treatment and prognosis, supporting the legitimacy and value of the claim.
Why Consistent Medical Treatment Is Important
Consistent medical treatment is crucial to both your recovery and your claim. Attending all scheduled doctor and physical therapy appointments helps ensure there are no gaps in care, and following your provider’s recommendations supports clear, well-documented progress.
Gaps or noncompliance in treatment can raise questions about the severity of your injuries, which may affect how your claim is evaluated.
Obtaining Medical Records After an Accident
State and federal laws give patients the right to access their medical records from healthcare providers, typically through a written request. In most cases, this involves completing a Health Insurance Portability and Accountability Act (HIPAA) authorization or release of information form, which may be available on the provider’s website or upon request. Be as specific as possible about the records you are requesting to help ensure a complete and timely response.
Providers are allowed to charge a reasonable fee for the service, to cover photocopying and mailing. Requesting electronic rather than physical copies can save money.
Under HIPAA regulations, applicants should receive their records within 30 days. If the provider does not comply, they must state the reason and can only extend the deadline for another 30 days.
Key Medical Records That Support Your Personal Injury Claim
As noted, they are a primary form of evidence in a personal injury case and may include:
- CT scans
- Physician notes
- Emergency room records
- Hospital admission and discharge summaries
- Laboratory results
- MRIs
- Prescription records
- Ultrasounds
- Treatment plans and care instructions
- X-rays
In addition to clinical records, documentation of your accident-related expenses is also important. This includes medical bills and other reasonable, necessary costs connected to your care, such as transportation to medical appointments.
The Role of Expert Medical Testimony
In cases involving serious or complex injuries, your attorney may retain qualified medical experts to review your records and provide opinions related to your condition. They may testify regarding the cause of your injuries, the nature and extent of your condition, your prognosis, and your anticipated future medical needs.
Their opinions can help establish the scope of long-term care and associated costs, which may be considered when evaluating damages. This can include:
- Future surgical procedures
- Ongoing physical therapy or rehabilitation
- Medical equipment, such as wheelchairs
- Necessary home modifications
- In-home or long-term care services
Keep a Pain Journal
During your recovery, consider keeping a pain journal to document how your injuries affect you on a daily basis. It creates a consistent, contemporaneous record that can help illustrate the real impact of your injuries.
Your entries should include details such as:
- Your pain levels and how they change throughout the day
- Physical limitations or restrictions
- Mobility challenges
You should also note how your condition affects your everyday life. For example, if you have difficulty sleeping or challenges completing routine tasks. Because a pain journal may be reviewed as part of the legal process, keep your entries factual, consistent, and straightforward.
Contact a Missouri Personal Injury Lawyer
If you were seriously injured due to another party’s negligence, the experienced personal injury attorneys at Buchanan, Williams & O’Brien, P.C. are ready to protect your rights and pursue compensation for your losses. Schedule a free, no-obligation consultation today. We have offices in Joplin, Springfield, and St Louis and serve clients throughout Missouri. We work on a contingency basis, so you pay no fee unless you receive compensation.