Overview
Dealing with personal injury accident is often intricate from a legal standpoint. As a practitioner, the knowledge that your clients must take certain precautions right after a personal injury accident is crucial in determining how successful their case will be. In this article, I explain some of the mistakes to avoid and discuss the importance of reviewing medical documents in injury cases.
Legal Importance of Medical Records Review
The review of medical documents is yet another blunder that any lawyer specializing in personal injury cases may wish to avoid. In its simplest form, it refers to analysing a personal client’s pathology, treatment outlines, and other related documents in order to construct a compelling case. Attorneys sift through medical records as they are often the needle that helps stitch together the case, especially when it comes to proving injury in counter-defensive claims.
The Reason Why Medical Records Are Important
• Proving Claim Relation: Medical records assist in proving the relation of personal injury accident and any consequent injuries.
• For ascertaining the damages likely to be incurred: They provide useful information regarding hospital expenses, rehabilitation expenses, and other future treatments.
• Increase Bargaining Capability: An attorney’s position in as a likely defendant in a case is fortified by a comprehensive medical history of the individual involved.
Car Accident Mistakes You Should Avoid: Overview.
Being informed of the mistakes can help an attorney advocate for his or her clients. Avoid these critical errors that arise from the misunderstanding of legal processes.
3.1 Not Going to the Doctor
One of the biggest errors a client can make is not going to receive medical care for an evaluation after an personal injury accident. Worst of all, the injuries that are considered minor can become significantly worse over time. Attorneys should recommend that all clients receive medical evaluations and case assessments promptly.
3.2 Not Considering the Value of the Evidence
Clients underestimate the importance of collecting all evidence related to the personal injury accident. Information such as images, witness accounts, police incident reports, and arrest reports can easily be obtained. Help your clients to assemble all information, documents, and evidence available that best strengthens their legal stance.
3.3 Wait Too Long Before Getting a Lawyer
An injury claim, like any other civil legal action, is time-sensitive. If you wait too long before getting a lawyer, critical milestones may be missed. Attorneys should highlight this aspect and encourage clients to get in touch as soon as possible.
3.4 Not Having Causing Issues with the Insurance Company
Issues common to most insurers should be understood by clients as well as the reasons which may stop them from paying. By explaining insurance clause policies to clients, complications that will surface later on can be avoided.
3.5 Making Incriminating Statements
Clients need to be careful of what they say at the scene of the accident or to the insurance adjusters. Using incriminating statements will likely jeopardize clients’ claims. Tell them not to talk about apportioning responsibility until they have legal counsel.
3.6 Settling Too Quickly
Many clients set their expectations too low and feel the need to settle prematurely — often for far less than the amount they are entitled to. Legal counsel must explain the consequences of settling too early and the need to have a clear understanding of the injuries and damages.
The Role of Medical Records Review in Personal Injury Claims
The review of medical records holds great importance and must be done with utmost diligence as it forms the basis of a strong case. Attorneys can take a meticulous approach to medical records by:
• Finding omissions and overlapping gaps in treatment dates.
• Emphasizing the extent of injuries sustained.
• Relating the particulars of the accident to the medical reports obtained.
Best Practices for Attorneys
In order to properly defend his client in a personal injury case, an attorney must observe the following best practices:
5.1 Effective Communication with Clients
Legally speaking, a client and an attorney must keep in touch regularly. Attorneys should send periodic updates on the progress of the case and invite questions. This fosters confidence and assures clients that they have active participation throughout the entire process.
5.2 Enhancing Legal Strategies through Medical Records
Legal practitioners should use medical records to tell the story of the client’s life and how it has changed due to the injuries sustained. This entails demonstrating the impact of these injuries on the individual’s everyday routine, professional responsibilities, and general living standards.
5.3 Keeping Track of Changes in Law
Laws undergo constant shifts and transformations. Personal injury solicitors must keep track of new policies and rules that may have an impact on personal injury claims and their processes. Such information enables them to guide their clients in the most optimal way possible.
Case Studies
6.1 Case Study 1: Solving an Issue with Documentation
Summary: A client sustained severe injuries as a result of a multi-car pile-up. The client’s account of the accident was not adequately documented which caused an issue in proving fault for the accident.
Problems: Proving the injuries personal injury accident-wise without accurate medical documents is impossible especially when sophisticated technology is used.
Solution: The attorney gaps analysis of each individual patient’s folder. Obtaining missing documentation and additional records from other practitioners dramatically strengthened the case.
Compensation: The client won a settlement that was inclusive of all medical costs, lost income, and undiagnosed psychological impacts.
6.2 Case Study 2: The Effects of a Timely Medical Records Review
Case Summary: One of the clients in issue sustained some form of injury in a personal injury accident, but the client in question had a peculiar wait time to get the appropriate medical attention which created complications down the line.
Challenges: Complications with treatment and the timeline required to provide appropriate medical attention raised issues pertaining to the injury in question and its impact on the personal injury accident.
Solutions: The legal case moved forward when the attorney advocated for an earlier assessment of medical records, which detailed information about the client’s medical injuries. Such information turned out to be significant towards negotiating a pleasant outcome.
Compensation: In the end, the client was awarded an acceptable settlement, and as such, the costs to be incurred in the current and future medical needs were also factored in.
Conclusion
There are a variety of details that need noting when you are in such scenarios wherein you have just faced a personal injury accident. The legal process involves a lot of considerations, and the attention added makes the opportunity for clients to receive fair compensation. Such strategies enhance the probability of clients receiving just compensation, in addition to averting common mistakes along the way. With this strategy, attorneys can navigate emerging practice issues while bringing more value to their clients by placing less time on medical record analysis.
