Have you ever wondered what’s the number one thing that separates winning personal injury cases from losing ones?
It’s medical records.
It sounds simple, but it’s true. Medical records are what every personal injury case is built on.
If you don’t have the right medical documentation, your claim falls apart, no matter how valid your injuries are.
In this article, you’re going to learn:
- Why medical records are so important
- The process of medical documentation that leads to winning personal injury cases
- Common medical record mistakes that sink personal injury claims
- How insurance companies use your medical records against you
Why Medical Records are So Important
When it comes to personal injury claims, medical records aren’t just a “nice to have.”
They’re essential. They are, in fact, the single most important element of your claim.
Why?
Because medical records are the primary evidence used to prove:
- Your injuries are real
- The extent of your injuries and the severity
- That your injuries are a direct result of the accident
Without medical documentation, you don’t have a case.
Medical records are so powerful because they’re considered objective, third-party evidence.
A doctor’s report of your injuries, diagnosis, and treatment is much more credible than your word alone. Plus, medical records help establish causation or the direct link between the accident and your injuries.
Insurance companies will fight tooth and nail to argue that your injuries were pre-existing or were caused by something else entirely. Without medical documentation that clearly shows the connection between the accident and your injuries, it’s nearly impossible to win your claim. This is why experienced litigation lawyers emphasize the critical importance of comprehensive medical documentation from the very beginning of any personal injury case.
Here’s a mind-blowing stat from Clio:
95% of all personal injury cases never make it to court. So how are they resolved?
The answer is, based on the strength of the evidence during negotiations.
The best and most objective evidence you can present in a personal injury case is your medical records.
The Process of Medical Documentation in Injury Claims That Wins Cases
Proper medical documentation isn’t rocket science, but it does require strategy and attention to detail.
Here’s what you need to know:
Seek Immediate Medical Attention
This is where most people go wrong.
“Feeling okay” after an accident doesn’t mean you’re actually okay.
Some injuries take hours or even days to manifest symptoms. By failing to seek medical attention, you’re giving the insurance company ammunition to argue that your injuries weren’t serious.
It’s also important to remember that insurance adjusters are trained to look for gaps in medical treatment.
They’ll scrutinize any delay in care as a reason to doubt the connection between the accident and your injuries.
Document Everything
Your medical records need to tell a complete and consistent story of your injuries and recovery. This means:
- Every doctor visit
- All diagnostic tests (X-rays, MRIs, CT scans, etc.)
- Physical therapy sessions
- Medication prescriptions
- Follow-up appointments, etc.
Don’t skip anything, even routine check-ups can be important evidence in your case.
Be Honest and Consistent with Doctors
Here’s a little secret…
Inconsistent information in medical records can actually hurt your case.
Insurance companies have teams of investigators whose job it is to look for discrepancies in your statements and medical records.
If you tell one doctor you’re experiencing severe back pain, but tell another your back feels “fine,” the insurance company will use that against you.
Always be honest and consistent about your symptoms, pain levels, and how the injuries affect your daily life.
Common Medical Record Mistakes that Sink Personal Injury Claims
You know how to make your medical record trail as strong as possible, but what about the things you should avoid?
The biggest mistake people make in their medical documentation is missing information or what we call a “gap in treatment.”
Stopping medical treatment too early, skipping that follow-up appointment, or quitting physical therapy as soon as you feel a little better are huge red flags to the insurance company.
Insurance companies will argue that if you were truly injured, you would have continued treatment.
They use any gaps in treatment as a reason to deny your claim or pay out as little as possible.
Inconsistencies and missing documentation are like open invitations for insurance companies to attack your credibility and the validity of your injuries.
How Insurance Companies Use Your Medical Records Against You
Insurance companies are not your friends, and they don’t have your best interest at heart.
Their goal is to pay as little as possible on your claim. They will comb through every page of your medical records looking for ways to argue that your injuries are not as severe as you claim or that they were pre-existing or caused by something else entirely.
They will question treatment decisions, dispute the necessity of certain procedures, and argue that you are exaggerating your symptoms.
Insurance companies really hate it when they get their hands on comprehensive, consistent medical records that clearly document your injuries, treatment, and ongoing symptoms.
When your medical documentation is thorough and professional, it makes it much harder for the insurance company to dispute your claim.
Did you know that according to industry data, medical records are the costliest expense category in personal injury cases?
Why? Because it’s absolutely necessary for building strong cases that lead to fair compensation.
The Financial Impact of Thorough Documentation
Don’t think of medical records as just a way to prove your injuries.
They also play a big role in determining your compensation.
Your medical documentation provides evidence for several types of damages:
- Medical Expenses: Past and future treatment costs based on your medical records.
- Lost Wages: Demonstrated by medical records showing treatment appointments and work restrictions.
- Pain and Suffering: Documented pain levels, treatment duration, and impact on quality of life.
Without comprehensive medical records, it’s nearly impossible to justify these damages.
Take Control of Your Medical Records
Don’t leave your medical documentation to chance. Play an active role in ensuring your records are complete and accurate.
Request copies of all your medical records and review them for accuracy.
If you notice errors, contact the healthcare provider immediately to have them corrected.
Maintain organized files of all documentation related to your accident and injuries. This includes ambulance reports, hospital records, doctor’s notes, diagnostic test results, and pharmacy records of pain medication prescriptions.
Follow all of your doctors’ recommendations for treatment and recovery, even if you start feeling better.
Don’t be tempted to stop treatment or skip appointments, even if you think you’re making a full recovery.
Make Your Case Bulletproof
Strong medical records paired with experienced legal representation are a bulletproof combination.
The right legal team knows how to present your medical documentation in the most persuasive light possible. They understand which evidence will carry the most weight and how to counter the insurance company’s tactics.
Bottom Line
Medical records are the single most important element of a successful personal injury claim.
Without thorough and accurate medical documentation, you’ll have a nearly impossible time proving your injuries and getting fair compensation.
The creation of medical records starts the moment you’re injured, not when you decide to file a claim.
Every medical decision you make after an accident directly impacts the strength of your potential case.
Take your medical care and documentation seriously, follow all of your doctors’ treatment recommendations, and maintain detailed records of everything related to your injuries and recovery.
Choose legal professionals who understand the critical importance of medical records and know how to use them to your advantage to secure the compensation you deserve.