Evidence plays a critical role in every New York Personal Injury case. Witness statements, photographs and videos of an accident, and police/incident reports can be used to prove that a duty of care has been breached, but how can you prove the severity of the physical and emotional trauma that you’ve experienced?
Medical evidence is key. It can be used not only for supporting your claim and proving the extent of your injuries, but for helping the court as it measures the medical expenses, future healthcare needs, lost wages, and pain and suffering associated with your injuries. Effective medical evidence will strengthen your case and give you a solid foundation for settlement negotiations.
While the exact medical evidence used in a Personal Injury claim will generally vary from case to case (depending on the nature of the injuries sustained and their causation), there are some common forms of medical evidence that plaintiffs in most kinds of New York Personal Injury claims should be aware of. The medical evidence that you should be gathering for your case should be determined by an experienced Personal Injury attorney, as there are several complex factors and details to consider pertaining to New York State law. With this in mind, here are some common examples of medical evidence that will generally increase a plaintiff’s chances of receiving a fair settlement:
Medical Records: Obtaining your healthcare providers’ official documentation of your diagnosis, treatment/prognosis, and medical bills will allow you to present a comprehensive overview of your injuries. These are records from YOUR doctors, physical therapists, psychologists, prescription records, etc. and include things like:
-Diagnostic imaging such as X-rays, MRIs, and CT scans can provide visual evidence of fractures, soft tissue damage, and internal injuries.
-Doctor reports, which outline the history of your injury, the results of your doctor’s physical examination of you, the nature and severity of your injuries, the prognosis for recovery, possible permanency of your injuries, and any recommended future treatment plan.
-Treatment plans can outline your recovery timeline, as well as long-term symptoms and disabilities that you may be facing.
Medical Bills and Expenses: Documentation of medical bills and expenses related to your injury, including hospital stays, surgeries, medications/prescriptions, therapy and rehabilitation sessions, and assistive devices. These serve as concrete evidence of the financial impact of your injuries and quantify the compensation you are entitled to.
Expert Testimony: These are not your treating doctors. They are experts hired to exam you and evaluate your medical records. Testimony from medical experts, such as physicians, surgeons, or specialists, can provide opinions on the causation of injuries, the extent of disability or impairment, and the long-term effects on the claimant's life. For example, a psychiatrist can attest to any emotional trauma you may have experienced, while an orthopedic physician can speak to the musculoskeletal damage you have suffered, the permanency of your injuries and what future treatment may be.
Photographic Evidence: Photographs of visible injuries taken shortly after the accident or throughout the recovery process can provide visual documentation of the severity of injuries and their progression over time. Photos of bruising, contusions, scarring etc. tell the story of your injuries in a way that completes the picture of all the ways your injuries have affected your life.
Medical Narratives: This is different from your doctors’ reports and may be prepared by your own treating doctors or expert physicians. Written narratives prepared by medical professionals summarizing the injuries, treatments, and prognosis. These narratives can help translate complex medical information into understandable terms for legal purposes.
Medical Records from Before the Injury: Records of your medical history before the accident can help establish baseline health and demonstrate how the injury has affected your quality of life and functional abilities.
Functional Capacity Evaluations (FCE): These evaluations assess your physical abilities and limitations following an injury. They can provide objective data on your functional abilities and any impairments caused by the injury.
Vocational Rehabilitation Reports: In cases where the injury affects your ability to work, vocational rehabilitation reports can assess the impact of the injury on your earning capacity and future employment prospects.
Independent Medical Examinations (IME): These are evaluations conducted by a medical professional selected by either party or appointed by the court to provide an impartial assessment of your injuries, treatment, and prognosis.
Get Your Life Back.
Compiling the right assortment of medical evidence for your Personal Injury case will be a highly nuanced process that requires great care. The experienced Personal Injury attorneys at MCV Law have the skills and resources required to help you craft the perfect strategy for your unique situation. We are not like the oversized law firms that treat injured plaintiffs like numbers. We will listen to your story, study the details carefully, and tailor our services to maximize the compensation that you receive for your injuries. Connect with our team today, and take the first steps towards getting your life back.