Most people understand that medical records are part of a personal injury case. Fewer understand just how much weight those records carry, or how the decisions they make about their own treatment can either support or undermine a claim that is otherwise well-founded. The two are more connected than clients typically expect.
Treatment Decisions Are Also Legal Decisions
Our friends at Disparti Law Group discuss this consistently with new clients in the early stages of representation: the medical choices you make after an injury are not separate from your legal case. They are central to it. A bicycle accident lawyer may be able to help you pursue compensation for your treatment costs, income disruption, and the ways your injury has affected your daily functioning, but the foundation of those damages is built directly on your medical history, your treatment compliance, and the professional opinions of the providers who have treated you.
What you do, and what you don’t do, medically, becomes part of the evidentiary record.
Seek Treatment Promptly and Consistently
One of the most common mistakes clients make is delaying medical care after an accident. The reasons vary. Some feel they can manage the pain on their own. Others are unsure whether their injuries are serious enough to warrant a visit. Some are focused on dealing with the immediate aftermath of the incident and put their own health on hold.
Insurance companies treat a gap between the accident and the first medical visit as evidence that the injuries were not serious. That inference may be entirely unfair, but it is standard practice in how claims are evaluated. Getting medical attention promptly, even when symptoms seem minor at first, creates a contemporaneous record that connects your condition to the incident.
And symptoms that seem minor initially sometimes aren’t.
Follow Your Treatment Plan Without Interruption
Receiving treatment is the first step. Following through with it is equally important. Throughout your claim, you should:
- Attend every scheduled appointment with physicians, physical therapists, and other providers
- Follow all prescribed treatment recommendations, including medication, therapy, and activity restrictions
- Communicate clearly with your providers about your symptoms, limitations, and any changes in your condition
- Avoid activities your treatment plan prohibits, particularly those that could worsen your injury
- Keep all documentation related to your treatment, including visit summaries, prescriptions, and referrals
A gap in treatment is one of the most frequently used tools in an insurer’s defense of a personal injury claim. Even a brief interruption can be framed as evidence that your condition stabilized or resolved, which directly affects the damages available to you.
Be Accurate and Thorough With Your Providers
Your medical records are a legal document in a personal injury case. What you tell your treating providers about your symptoms, limitations, and daily functioning becomes part of that record, and it will be reviewed by insurance adjusters, attorneys, and potentially a court.
Be specific when describing your pain. Be thorough when explaining how your injury affects your ability to work, sleep, or carry out daily activities. Vague documentation creates vague claims. A record that accurately reflects the true scope of your limitations gives your attorney substantially more to work with.
The Role of Independent Medical Examinations
In some personal injury claims, an insurance company will request that you submit to an independent medical examination conducted by a physician of their choosing. This is a standard part of the claims process in many situations and is not necessarily something to be alarmed about.
What clients should understand is that this examination serves the insurer’s interests, not theirs. The examining physician is hired and paid by the insurance company. Results from these examinations are frequently used to dispute the severity or duration of a claimant’s injuries. Your attorney will prepare you for this process and advise you on how to approach it.
How Future Medical Costs Factor Into Your Claim
A personal injury claim is not limited to costs already incurred. If your injury requires ongoing treatment, future surgeries, long-term physical therapy, or other medical care, those projected costs are recoverable damages. But establishing them requires documentation from qualified medical providers who can speak to your prognosis and anticipated treatment needs with specificity.
This is one of the reasons that settling a claim before your medical picture is fully established can leave significant compensation on the table. Future medical costs that haven’t yet been identified or documented cannot be included in a settlement agreement. Once that agreement is signed, those costs are your responsibility regardless of what the insurer has paid.
Talk to an Attorney About Your Case
If you’ve been injured and want to understand how your medical treatment connects to the value and outcome of a personal injury claim, speaking with an attorney is the right starting point. Contact our office to schedule a time to discuss your situation and what your legal options may involve.