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.
Thomas E. Pope is a Personal Injury, Wrongful Death, and Medical Malpractice Attorney who practices in Rock Hill, Lake Wylie, and Lancaster, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 31 years now. Thomas E. Pope believes in protecting the injured. Learn more about his experience here.