If you get hurt in a car accident in North Carolina and wish to receive fair financial compensation for your hospital bills and future required medical care, careful documentation of your injuries is critical. Medical records are often one of the most instrumental pieces of evidence in a car accident case in Wilmington, NC.
The Importance of Medical Records for a Car Accident Claim
A successful car accident case in North Carolina shows proof of four main things: the defendant (accused party) owed the plaintiff (injured party) a duty of care, the defendant breached or failed to meet the duty of care, this breach of duty caused the crash, and the victim suffered compensable damages as a result.
Medical records are central to proving that the claimant suffered an injury and that the injury was caused by the car accident. This can help establish the defendant’s liability, or financial responsibility, for the victim’s injuries.
Clear medical records also prove the extent of the victim’s injuries and the costs that will be related to treating them. Detailed health care records will show the type and severity of each injury, treatment needs and recommendations, pricing, and future foreseeable medical care. In this way, accurate documentation can help support a crash victim’s claim to damages.
How Do Car Insurance Companies Use Medical Records?
In a car insurance claim in Wilmington, an insurance company will request medical records from the client as evidence to determine the extent of the victim’s injuries and the costs of medical care. The insurer will also use medical evidence to create a timeline of events, from the automobile accident to your diagnosis to your recovery.
Missing medical records are an immediate red flag that a car insurance company will use as a reason to diminish a settlement or deny a claim altogether. If a car accident victim does not have medical evidence proving the injuries he or she claims exist, the insurance company will most likely refuse to pay for any alleged medical bills, lost wages, and pain and suffering.
Unfortunately, medical records can also be used against you. Since insurance companies are always looking for reasons to minimize payouts and protect their own profits, they may use a claimant’s medical history to form a pre-existing injury argument or assert that the injuries are not as severe as claimed. If an insurer is attempting to use your medical records against you, it is important to contact a car accident attorney in Wilmington for help.
Properly Document Your Car Accident Injuries
It is important to always get professional medical care after a car accident in North Carolina. Even if you initially feel fine, your adrenaline may be masking injury pain, or you could have delayed symptoms. Get a checkup at a doctor’s office or hospital without delay for a timely injury diagnosis.
Collect copies of your accident-related medical records, treatment plans, prescriptions and bills. Submit these as evidence to support your car accident claim. If the insurer sends you a Medical Authorization Release Form or similar document, do not sign it right away. Instead, bring your case to a personal injury law firm.
An experienced Wilmington personal injury attorney can protect your rights against a car insurance company and the tactics it may be using to try to avoid paying you fair compensation, such as using your medical records against you. You can focus on recovering from your injuries while your lawyer seeks maximum compensation on your behalf.