How a Doctor Can Make or Break a Personal Injury Case


Personal injuries are the result of an individual’s personal actions. The injuries sustained by two people in an accident, even in the exact same vehicle, may be very different. Every individual might sustain injuries that are different in nature and heal at their own pace. A doctor can testify about the victim’s injuries, and solid records can make or break a personal injury case.

The Accident Treatment

A case can only be complete if all records and treatment associated with an accident are kept. These records can be used to establish the connection between the accident and the injuries sustained by the victim. Often, treating doctors have more credibility than hired experts in medical care. Judges and juries sometimes perceive them as being financially motivated to give the opinion they are paid for.

The jury might find it harder to connect the accident and injuries if the victim of personal injury does not seek medical attention immediately following the accident, or after being advised by a lawyer. The defense might also argue that the victim suffered from a preexisting injury, and that this was the reason for the medical attention.

Follow-up Treatment and Rehabilitation

Personal injury victims often need to continue treatment for a certain period after receiving initial treatment following an accident. Rehabilitation may be required. The doctor may direct them to follow the instructions for rehabilitation treatment. They will also give guidelines about when they can return to work and how long it takes to resume recreational activities. If the victim fails to take the necessary steps to heal from injuries, it can lead to the conclusion that he/she may not have been as severely injured as they claim.

Documentation

In personal injury cases, the medical records are often a crucial piece of evidence. It is crucial that medical records include detailed information about the victim’s injuries, accident, and treatment. The records should show that the patient began treatment after an accident involving a motor vehicle. It is possible to support a claim against the insurance company by clearly establishing the connection between the accident and the injuries.

Reputation

Some doctors have a bad reputation for being involved with personal injury cases and some personal injury law firms. The records and testimony of a doctor whose only medical records are derived from one of these firms may not be credible. The personal injury law firm can also orchestrate it. These doctors can often fail to recognize the importance of strong cross-examination in litigation. It is much better to choose a doctor with a positive reputation within the community.

Patients visiting non-physicians such as chiropractors, massage therapy therapists, or acupuncturists to receive treatment is another issue. These types of treatments may not be accepted by insurance adjusters.

A victim can visit his or her doctor for treatment. The victim can then be referred to the appropriate specialists by a trusted doctor who is familiar with his or her condition.

Communication

Some medical records may not be well-written and contain all the necessary information. A personal injury lawyer can talk to the doctor about the records and the treatment, provided the client has given the appropriate permissions. This is particularly helpful if the medical records are lost and cannot be transcribed by a nurse, medical assistant, or other medical professional.

Updated 01/18/22