In any personal injury claim, the foundation of the case includes detailed medical records of injuries, treatment and the overall impact of the incident on the injured person’s life. Records provide a factual account of injuries and rehabilitation following an accident, help establish causation (i.e. that the incident caused or contributed to the injuries) and assist with proving damages.
Medical records provide the evidence needed to assess the severity of injuries. These documents are written proof of injuries and are important in determining entitlement to benefits and compensation. Records also track efforts by an injured person to comply with medical advice, obtain treatment, attend appointments and work hard at rehabilitating.
They provide a timeline and demonstrate the link between the accident and injuries. This causal relationship is a critical element that insurance companies and courts examine when evaluating a claim. The detail and clarity of medical records are crucial to demonstrate that the injuries sustained resulted from the incident in question.
Records may also indicate pre-existing conditions that are scrutinized to determine whether the incident impacted these conditions or if the injuries are entirely separate or unrelated.
In cases involving motor vehicle accidents and other disability cases, access to medical, rehabilitation and other benefits are guided by insurance policy wording and definitions. It is therefore important to provide records that detail the injuries and the level of impairment to meet the required definitions and to ensure entitlement to benefits.
It is not only post-accident records that are necessary. In order to track an injured person’s injuries and the impact on their activities of daily living, disclosure of records from at least three years before the accident is required.
Gathering records should be left to a personal injury lawyer in the normal course of a personal injury case. A lawyer can assist with accessing documents to safeguard completeness and authenticity of records. Also, a lawyer will review documents and ensure that information is disclosed only if necessary and relevant.
A personal injury lawyer will obtain relevant health records, including copies of hospital records, family doctor records, a summary of treatments from OHIP, prescription records, as well as treatment records from physiotherapists, massage therapists, psychologists and other professionals that provide treatment relating to the injuries.
The documents are shared with insurers and opposing counsel, to provide evidence and an understanding of the case against them.
Early sharing of appropriate medical and other documents may encourage reasonable settlement, as facts and information to support the claim are made available.
If a claim goes to trial, doctors and treatment providers may be called as witnesses to explain or discuss the contents of their records.
To best support a claim for benefits and/or compensation, regular attendances with doctors and practitioners are essential. To ensure proper documentation of injuries and disability, it is important to accurately and clearly describe symptoms for all injuries (physical, cognitive, emotional and/or psychological), major or minor, suffered directly or indirectly from the incident.
If may be helpful to prepare a list or notes about symptoms before meeting with practitioners, so that all concerns and complaints can be expressed. The outcome of a personal injury case will likely depend heavily upon the medical reports and information received from treatment providers and, therefore, the information conveyed to them is critical.
Overall, the strength of medical records can determine the success of a personal injury case by providing a comprehensive picture of the severity of injuries and impact on the individual.
If you have been injured and have questions about your options, seek advice from a personal injury lawyer.
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This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
