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Personal Injury Claim: Can a Doctor Make or Break Your Case?

Posted on Tuesday, January 15th, 2019 at 4:21 am    

Injuries in the result of an accident are personal in nature. Two persons involved in the same accident and vehicle will have a different nature of injuries. Similarly, the healing time will be different given their injuries. In this case, the doctor plays a vital role when it comes to the diagnosis and treatment of the victim(s). A doctor’s diagnosis of the victims’ injuries and their medical record can make or break the personal injury case. If he makes the wrong diagnosis, or does not keep any a medical record or does not produce at any stage of the proceeding, this can damage the credibility of the victim leading to losing the personal injury case.

Seeking Medical Treatment Immediately After the Accident:

It is very important to seek immediate medical treatment after the accident. These medical records help in determining the link between the accident and consequent injuries. This step is very necessary because the treating doctor’s statement will have more credibility than the hired doctors who are usually paid for the opinion in such cases.

Another thing to keep in mind is that if the victim does not seek medical treatment first and consults the lawyer instead, the court will find it difficult to link between the injuries and accident due to the time that has elapsed between the events. Moreover, the defendant can raise the argument that the injury was pre-existing and not the result of the accident.

The Follow-up Treatment:

Initial treatment is not enough after the accident. The personal injury victim must visit the doctor often and follow the instructions strictly. Moreover, the doctor may also advise that how long after the accident the victim can return to work or can perform other activities. In case the victim does not follow up with the doctors, such an act can be used against the victim that he or she has not taken appropriate steps to recover from the loss.

Keeping Medical Records:  

In a personal injury case, medical records are of vital importance as they serve as the key evidence. Moreover, these medical records must contain complete information about the victim’s accident, injuries, diagnosis, and treatment. For instance, these medical records must contain that the victim’s treatment was started as a result of his or her involvement in a motor vehicle accident. If the doctor proves this link between the injuries and the accident, it can be much easier to recover the compensation money from the insurance companies.

Doctors Being Associated with the Personal Injury Law Firms:

Some doctors have developed a reputation as being associated with the personal injury law firms. When the medical records crafted through these practices, the credibility of such reports come into question. As the personal injury law firms are also involved, it appears that these firms have developed such medical reports. Such doctors fall apart when the cross-examination is carried out. This can break your personal injury claim and the victim lose the case. So, it is advisable to go to the doctor who is not associated with such firms and establishes a good report.

Irrelevant Information:

It is important for a medical report to be perfectly scribed with all the relevant information. Although the attorney can discuss the report with the doctor, however, the doctor must include every relevant information about the treatment.

So, if you are suffering from injuries in the result of an accident, it is better to seek treatment from a well reputed and qualified doctor as well as follow his instructions while keeping a full medical record.