Wednesday, September 23, 2015

6 Things You Can Do To Help Win Your Personal Injury Lawsuit - Part 3: Tell Your Doctor Everything

     Part 3 of our 6 part series on how to prevent problems in your personal injury lawsuit follows part 2 nicely. When you visit your doctor for treatment, make sure you tell your doctor everything. A very important step in establishing your injury, in creating hard evidence to prove that you were in fact injured, comes from talking with your doctor.



    When someone first sees a doctor on any visit, the doctor will more often than not take what is called a "history" from the patient. This basically means they are asking the patient why he/she came in, is the patient suffering from any problems (pains, illnesses, etc), and if so, when did they start and how did they come about. While the patient is giving his/her history, the physician is writing down what the patient is saying. It is very important that the patient gives a complete and accurate history to the physician. This is important for two reasons: 1. an accurate and complete history is necessary for the doctor to come to an accurate diagnosis and treatment plan (if the doctor doesn't know what is wrong, he can't very well treat it); and 2. this written history makes it onto the medical record, which will act as hard evidence of the injury later.

     Every personal injury lawsuit will require the injured party to be able to prove that he/she is injured, and hard evidence in the form of medical records goes a long way to help. Certainly the injured party will testify, assuming he/she is able to, that he/she was injured and will talk about his/her injuries at trial. However, judges and juries will often look at plaintiffs skeptically.

     Think about it this way: You are telling 12 people who don't know you that you were injured because of the Defendant and you should be compensated. Most members of the jury have likely heard a story or two about some plaintiff faking an injury, or have heard about frivolous lawsuits, or know someone who knows someone who won millions of dollars in a lawsuit. If the jury can't physically see the effects of your injuries, they will very likely think that you might be trying to get rich, or that you are faking the extent of your injuries. Even if this isn't true, as a plaintiff' it is your burden of proof; you must first prove all the elements of your case with a "preponderance of the evidence," including your injuries and the extent of the pain and suffering you suffered.

     Medical records will help to support your testimony about your injuries. You testify that you suffered head injuries in a construction accident and were extremely dizzy and nauseous after the incident. When the jury views your medical records they will see what you told the doctor you were suffering from. If the history in your medical records says you were involved in a construction accident and were complaining of dizziness and nausea, then the jury will see that your story has been independently corroborated. If they see that the medical records only mention that you told the doctor you had a headache, they jury will think that the medical records contradict your story and your credibility will suffer.

    So remember, tell your doctor everything. Tell your doctor about how your injury occurred, when it happened, and report to your doctor all of your symptoms, whether you think they are minor or not. Let the doctor figure out if your complaints are major or minor.


*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.