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Why Medical Documentation is Important in Personal Injury Cases

October 5, 2023 | Category: Personal Injury | Share

Medical documentation is one of the fundamental components of a personal injury case. It is required to establish the extent of an accident victim’s damages. When monetary recovery for a plaintiff is considered, it is based on medical expenses, lost wages, and other factors.

Past and future accident-related medical expenses, past and future lost wages, pain and suffering, and the loss of companionship, consortium, and the enjoyment of life are some of the items that are considered.

Past medical expenses are usually straightforward and achieved by recapping bills. Future medical expenses, including, but not limited to, future surgeries, therapy, medications, medical aid devices, such as wheelchairs, travel and time for medical appointments, and home health aides may be included.

Pain and suffering need to be presented in a methodical manner using hospital records, doctors’ notes, physical therapy records, and other background information to show how the accident victim suffered. Medical experts may be needed to show the actual effect of the accident on the accident victim.

Medical Documentation to Settle Personal Injury Cases

One of the first steps in a personal injury case is to send the insurance adjuster a “demand for payment.” When Spivey Law Firm, Personal Injury Attorneys, P.A. sends a demand for payment, medical documentation is required. This can only be done after an accident victim receives a long-term prognosis. The demand letter will state that the accident victim will hold the insurance company accountable for his/her injuries. Spivey Law settles many personal injury cases with insurance companies before having to file a personal injury lawsuit.  

Medical Documentation to Prove the Injury Was Not Pre-Existing

Should an accident victim have pre-existing conditions, prior doctor visit records can show that the current injury did not exist before the accident. Should the accident cause a pre-existing injury to get worse, medical documentation will be needed.

Seek Immediate Medical Assistance Following an Accident

Seeking immediate medical assistance, even if the accident victim feels fine, is important. Some injuries do not present themselves immediately but may later when it could be too late to seek damages. The Florida statute of limitations is 2 years from the date of the accident. However, Florida Personal Injury Attorney Randall Spivey urges accident victims to seek medical attention immediately. By doing so, accident victims can eliminate the potential claim that the injury, or injuries, were not caused by the accident.

Importance of Following a Doctor’s Orders

Medical documentation includes records of accident victims’ visits to the doctor, along with compliance with the doctor’s instructions. If the doctor recommends an accident victim take certain medications, go to physical therapy, not lift certain weights, and not return to work, the accident victim must follow these recommendations. If he or she does not, there will not be the documentation needed to substantiate the seriousness of the injuries that were incurred.

Fort Myers Personal Injury Attorneys Aggressively Fight for Accident Victims’ Rights

Should you or a loved one be injured in an accident, contact Spivey Law 24/7 at 239.337.7483, toll-free at 1.888.477.4839, or online at SpiveyLaw.com.

"We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation,” said Attorney Spivey.

 

 

 

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