How to Properly Document Your Injuries for a Personal Injury Lawsuit

When you are injured due to someone else’s negligence, the aftermath can be overwhelming. Alongside the physical pain and emotional distress, you face the challenge of navigating the legal process to seek compensation for your injuries. One of the most crucial aspects of building a strong personal injury case is thoroughly documenting the injuries sustained and the treatment you have received. Why is this the case? Your medical records and how you document your injuries and treatment can be the difference in winning a favorable verdict or settlement in your personal injury lawsuit. 

Medical Records and Documentation Help Establish Your Injuries in Court 

Medical records serve as the foundation of many personal injury cases. They provide a detailed account of the injuries you have sustained and the medical treatments you have undergone because of them. This documentation helps establish the severity and extent of your injuries, which is critical for determining the amount of compensation you may be entitled to. 

Some of the medical records you should preserve include: 

• Initial emergency room or hospital visit records 
• Diagnostic test results (X-rays, MRIs, CT scans) 
• Treatment plans and progress notes from your doctors 
• Prescription medication records 
• Physical therapy and rehabilitation notes 

These records not only highlight the immediate impact of the injury, but also document any ongoing or long-term effects, which can significantly influence the value of your claim. 

Medical Records Help Prove Causation in a Personal Injury Case 

Causation is a key element in personal injury cases, as it establishes the link between the accident and the injuries sustained. Medical records not only help establish that injuries have been sustained, they can also provide evidence as to how they were sustained and demonstrate causation by providing an objective timeline of your injuries and treatments. 

For example, if you were injured in a car accident, your medical records will show that you sought treatment immediately after the incident. This can help establish that your injuries were caused by the accident and not by another event later. Consistent and timely medical documentation supports your claim that the injuries directly resulted from the negligent actions of the defendant.  

The Importance of Tracking Costs 

Accurate documentation of all medical expenses and related costs plays a role in calculating the total financial impact of your injuries and the verdict or settlement you may receive. Make sure to keep track of: 

• Hospital or doctor’s bills 
• Costs of diagnostic tests 
• Expenses for prescription medications 
• Fees for physical therapy and rehabilitation 
• Costs for any necessary medical equipment (e.g., crutches, braces) 

Keeping a detailed record of these expenses allows you to seek full compensation for your out-of-pocket costs. It also helps in claiming damages for future medical expenses if ongoing treatment is required. 

How Your Records Can Be Used as Evidence in Court 

In court, your medical records serve as evidence to support your claims. They provide an objective, third-party account of your injuries and the treatments you received. This evidence is often critical in establishing the credibility of your injuries, demonstrating the necessity and extent of medical treatments, and corroborating testimony. 

It’s not uncommon for judges and juries to rely on medical records to understand the full impact of the injuries and to determine fair compensation. 

Medical Records Can Protect Against Legal Challenges 

Thorough documentation can protect you against potential legal challenges from the defendant or their insurance company. Defendants often attempt to downplay the severity of your injuries or suggest that they were pre-existing. Consistent and comprehensive medical records can refute these claims by providing a clear timeline and detailed evidence of your injuries and treatments. 

What Types of Medical Evidence and Records Can Be Used in Court? 

There are many types of medical evidence that can be used in personal injury cases, including: 

• Medical Reports: detailed reports from your treating physicians outlining your diagnosis, treatment, and prognosis. 
• Diagnostic Test Results: x-rays, MRIs, CT scans, and other imaging studies that visually document your injuries. 
• Treatment Records: notes and records from hospital visits, surgeries, and follow-up appointments. 
• Physical Therapy Records: documentation of rehabilitation efforts and progress. 
• Pharmacy Records: a list of prescribed medications and their costs. 

Tips for Effective Documentation 

If you’ve been injured in an accident, always seek medical care. Not only is this important for your health, but delays in treatment can be used against you during your case. It’s also important to: 

• Follow Your Doctor’s Advice: adhere to all treatment plans and follow-up appointments. 
• Keep Personal Notes: maintain a personal journal detailing your symptoms, pain levels, and how the injury affects your daily life. 
• Save All Receipts and Bills: keep receipts for all medical treatments, medications, and related expenses. 
• Request Copies of All Records: ensure you have copies of all medical records, test results, and bills for your personal file. 

Remember that all injuries, regardless of severity, should be documented. Minor injuries can develop into more serious conditions. Keep medical records for everything regarding your care after your accident. Also remember that, while medical records are crucial, additional documentation and receipts may be required as they can provide a comprehensive picture of your life after the incident. 

Continuous documentation is also vital. Always update your records with new treatments or changes in your condition, even after a lawsuit has been filed. 

Work with the Right Personal Injury Attorney 

Comprehensive and accurate records help establish the extent of your injuries, prove causation, track costs, and provide irrefutable evidence in court. They can also protect against legal challenges and ensure you receive the full compensation you deserve. It’s even more important to work with the right personal injury lawyers. At Eichen Crutchlow Zaslow, we’re a leading New Jersey personal injury law firm with a record of securing over a billion dollars in settlements and verdicts for our personal injury clients. 

If you or a loved one has any questions or need assistance with your case, our experienced team is here to help. Get in touch with us today for a free case evaluation.