Text Us!

The Importance of Medical Evidence in a Car Accident Claim

Posted on

There is a lot of evidence that’s important for a car accident claim. This evidence is used to prove someone else was negligent, or acted carelessly, and that you are owed compensation for your injuries. While accident victims take pictures and gather eyewitness statements, all very important pieces of evidence, there is another type that is just as crucial. That is medical evidence, and it’s one reason it’s so important for accident victims to seek the medical treatment they need after a crash. 


Medical Evidence and the Burden of Proof

In personal injury cases such as car accident claims, the plaintiff, or the injured party, has the burden of proof to establish someone else caused their accident. They must also prove they suffered injuries, and the extent of those injuries. This allows attorneys, insurance companies, and the courts to determine how much compensation the accident victim is owed. 

Proving these elements requires medical evidence. You cannot simply claim your back hurts and receive compensation. Medical evidence can prove not only that you were physically injured, but also that your injury caused you a great amount of pain and suffering, or mental anguish. 


Types of Medical Evidence

Medical evidence comes in the form of documentation regarding a physical examination, written or recorded by your physician, and diagnostic tests. There are many different types of medical evidence used in car accident claims. They include:

  • Your patient chart, including notes made by doctors or any medical professional that treated you
  • Medical reports from the emergency department that saw you soon after your injury
  • Written reports taken by emergency medical personnel at the scene of the accident
  • Surgical notes
  • Results from diagnostic testing such as CT scans, MRIs, and X-rays
  • Results from laboratory testing, such as blood tests
  • Notes from physical therapists or occupational therapists

It’s often overwhelming for accident victims to think they have to collect this evidence on their own. Fortunately, they do not. When working with an attorney, they will collect medical evidence, and any other evidence important to the case, while you focus on your recovery. 


A Delay in Treatment Can Hurt Your Claim

Just as the presence of medical evidence can help your claim, the lack of it can hurt it. If you don’t receive treatment for your injuries right away, the negligent party and their insurance company will likely argue that you couldn’t have been that hurt, because you didn’t see a doctor immediately after the crash. This is why it’s so important to seek medical attention, even if you don’t think you were that hurt. It will ensure you receive any treatment you need, and that you protect your claim. 


Contact a Rock Hill Car Accident Lawyer for Help 

If you’ve been injured in a car accident, a Rock Hill personal injury attorney at the Elrod Pope Law Firm wants to help you. We will collect all the necessary evidence that supports your claim, and hold insurance companies liable for paying you the compensation you deserve. Call us today at (803) 599-3080 or contact us online to schedule your free consultation.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.

*Disclaimer* The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

E-production, distribution, republication, and/or retransmission of material contained within The Firm Website is prohibited unless the prior written permission of The Firm has been obtained.

Any results achieved on behalf of one client do not necessarily indicate similar results can be obtained for other clients.

Fee Disclosure: If your case is taken on by the firm, the fee arrangement will be a percentage of the final value of the case as follows: up to 40% for litigation, 35% for pre-litigation, and 33% for workers comp. This calculation will be done before the deduction of expenses. Additionally, the client will be responsible for the expenses resulting from the case.