How Important Are Medical Records To Your Personal Injury Case?

How Much is My Case Worth?

We cannot stress how important your medical records are in your case.  I am often asked by someone on their first visit to me, “how much is my case worth”?  My first response is I have no idea it depends on what is in your medical records. Without seeing your medical records, no lawyer can accurately provide a value for your case. Obviously, much more goes into the evaluation of a personal injury case, but medical records are a good starting point as they can be good for your case, or they can literally tear your case apart.

How Medical Records Can Influence the Value of Your Personal Injury Lawsuit

First, medical records are (theoretically) compiled contemporaneously with your medical visit, by an unbiased person-the medical provider who allegedly has no dog in the fight.  Now, I have some issues with this, but this is typically how judges and juries view them, unless and until proven otherwise.  For example, I had a case some time ago, where the physical therapist actually wrote in the client’s medical records that she did not think he was providing full effort, that he complained of neck pain, yet he was able to tilt his head back to drink a soda or look down to text on his phone during breaks.  That was very damming for my client’s case, and we were unable to prove any bias against the client by this provider. That therapist would have been the insurance company’s star witness at trial. Those records impacted the case value and our decision as to whether to go to trial or not.

How Having a Lawyer Review Your Medical Records Before Filing A Lawsuit Can Payoff

I have had medical records where the doctor confused my client’s injury cause with that of another patient, stating the wrong thing in his medical records.  Because we review all records before sending them out with a demand letter to the insurance company or before filing a lawsuit,  I was able to discover the error early and meet with the surgeon. After providing documentation to him, he agreed the error was his, and he provided an addendum clearing up this issue.  It was embarrassing for the surgeon and having this cleaned up before any lawsuit or depositions was beneficial for him and my client.  In my experience, there are some attorneys who immediately file a lawsuit on a case and by doing so, get burned when they are under the litigation gun and then they cannot meet with the doctor before the defense discovers the issue and demands the doctor’s deposition.  I can tell you based on experience that in a deposition, doctors are generally reluctant to admit to any error!

An Experienced Personal Injury Lawyer Will Review Your Medical Record For Pre-existing Conditions

Obviously, people’s memories fade.  When you file a lawsuit, you put your medical past at issue. Before you swear under oath in your deposition that you have never had any neck pain or never been injured on the job, your lawyer better have ordered the last 5 years or so of your past medical records and confirmed that in fact that is true. Pre-existing conditions complicate a personal injury case.  An analysis of your past medical history is necessary to determine how best to present your case and whether additional experts may be necessary.

Medical Records Act as Proof That You Have Suffered An Injury That Has Impacted Your Life

Medical records are important because they can provide objective evidence of your injuries and their impact on you.  This helps to establish the amount of compensation you should be awarded for your pain and suffering.  Most physicians will do a review of symptoms, even if you are there for something else.  The doctor will note that you complained of the car accident related pain.  The doctor may note that you were unable to attend or participate in an event due to your injury. The doctor may ask you to rate your pain on a scale of 1 to 10.  The physical therapists will record your pain rating and record your limitations or problems.   The lack of pre-existing conditions in your medical records can help you prove that your injuries were in fact related to the car accident, truck accident or motorcycle crash that you have filed a claim for.

Medical Records Provide A Narrative Of  The Accident

Medical records are also important in that many times they can confirm your account of the incident’s facts.  You will usually be asked what caused your injury or brought you to the ER or doctor.  For example, reporting to emergency room staff or EMTs that a phantom vehicle forced you off the road, before you have ever filed a claim or spoken to a lawyer, will bolster that claim.  Likewise if you initially reported that you think your vehicle hydroplaned, you will have a hard time later convincing a judge, jury or insurance adjuster that you were really run off the road by a phantom vehicle.  The insurance adjusters love to comb through the initial EMT or emergency room records and look for inconsistencies in how you claim the crash or fall occurred.  A statement in your initial records that is consistent with what you told the police strengthens the legitimacy of your claim.

Answering the Question of “How Much Is My Case Worth?”

In short, a thorough review of your medical records by your attorney can assist you in determining your case’s value, and help you obtain a fair settlement; or to provide you with the confidence to go to trial.

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