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Jason R. Schultz P.C

How Medical Records Can Help Recover Damages in a Car Accident Claim


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4/26/2013
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When serious, disabling or life-threatening injuries have been sustained after a car accident, it will be necessary to gather as much evidence as possible to establish two main things. The first is to prove who was at fault, and the second is to prove the extent and severity of physical/emotional injuries.

It’s not enough to show that someone else was negligent. In order to actually recover damages, it must also be shown that due to the other party’s negligence, the victim suffered injury and damages. Medical records and other evidence of car accident injuries may help in establishing these damages. 

Damages That May Be Recoverable in an Auto Accident Claim

It will be important to get detailed documentation, paperwork and records in order to be compensated. For instance, in order to receive damages that cover medical expenses and damaged property, there should be bills, statements and receipts of these expenses.

There are other types of evidence that will be critical to a car accident claim. Medical records are especially important in recovering different types of damages that may be available.

For instance, if the injuries resulted in missed time from work, damages for this time might be available. Although this will require showing proof of income (such as through previous paystubs) and documentation that shows how much time was actually missed, it must be proven that missing work was a result of the injuries.

Medical records can also help prove damages for pain and suffering. For instance, broken bones might allow recovery of damages for pain and suffering, but an injury such as one requiring amputation would likely be worth much more.

Damages for emotional distress or mental anguish could also be available. Again, this is where medical records will be critical in establishing not only physical injuries, but emotional ones as well. An example would be documentation showing the victim suffered post-traumatic stress disorder.

Victims should aim to collect and organize all medical records and any other evidence and documentation demonstrating fault for the accident and the damages suffered. An attorney can help collect this evidence and build a case to recover damages.



Category: General


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