You might have a long road to recovery after a car accident in Texas. While this can feel daunting, you don’t have to go through it alone. The Austin car accident lawyers at FVF Law are here to help you build your case – including properly documenting your injuries and medical care to hold someone accountable. Our help can give you the best odds of success during your car accident case.
What Purpose Does Medical Documentation Serve During a Texas Car Accident Claim?
Medical documentation, meaning evidence that proves the car accident victim’s injuries and related medical care, is critical for an insurance claim or personal injury lawsuit. It is a type of proof that establishes the existence of the victim’s injuries, their connection to the automobile accident and the related costs of necessary medical care.
Comprehensive medical documentation can significantly impact the overall outcome of your car accident case. It provides objective, unbiased proof that your car accident injuries exist and how they have affected your life. This is important, as you bear the burden of proof as the plaintiff in a car accident case, meaning you must show that someone else is at fault.
Proving the Existence and Extent of Injuries
Despite what they advertise, car insurance companies are not on your side. When you file a car insurance claim with a carrier, the company wants nothing more than to minimize your payout or avoid paying you altogether. You must combat this with strong evidence that supports your case, including proof of your injuries.
The car insurance company that receives your claim will request proof of your crash-related injuries. Medical documentation is generally the only type of proof an insurance company will accept. The insurer needs to see official medical documents and records demonstrating the existence and severity of your injuries to process your claim.
It is especially important to provide medical documentation if you sustained a severe or catastrophic injury in a car accident. Your medical records can prove any long-term or permanent effects from the injury, such as disability or disfigurement, as well as your need for ongoing care. Good medical documentation can establish a treatment timeline far into the future.
Establishing a Link Between the Car Accident and Your Injuries
Another reason to provide medical documentation during a car accident claim is to establish causation – one of the four elements of negligence. The definition of negligence is to act or behave in a way that a reasonably prudent person would not have in the same circumstances. An example of negligence is a motor vehicle driver texting while driving.
Negligence has four elements:
- Duty of careÂ
- Breach of duty
- CausationÂ
- Damages
Medical records can help establish causation between the injury and both the car accident and the defendant’s negligence. This can help you prove fault and liability (legal and financial responsibility) during your car accident claim. It can also establish a link between a hidden or delayed injury and the automobile accident.
Supporting the Need for Financial Compensation
Unfortunately, it can be difficult to get a fair outcome from a car insurance company. For example, the insurer may try to offer you a lowball car accident settlement to protect its own profits. Medical documentation is vital in establishing the need for payment to get the care you require and move forward.
Medical documentation can prove losses such as:
- Past and future health care costs
- Ongoing treatment and recovery
- Short-term or long-term disability
- Permanent scarring or disfigurement
- Loss of wages and capacity to earn
- Pain and suffering
- Loss of quality of life
- Loss of consortium
Accurate and detailed recordkeeping, including hospital bills and treatment records, can assist in the calculation of damages and strengthen negotiations with an insurance carrier. It can justify the necessity of medical treatments received and allow for accurate estimates of future necessary health care. This can give your family greater peace of mind about the future.
Types of Medical Documentation Used in Texas Car Accident Cases
Various types of medical records and documents can prove useful during a car insurance claim or injury lawsuit in Texas.
Examples include:
- Emergency room records
- Medical and hospital bills
- Doctor’s visits and follow-up appointments
- Referrals to specialistsÂ
- Diagnostic test results (x-rays, MRIs, etc.)
- Independent medical examination (IME) reports
- Notes from physicians and nurses
- Surgical reports
- Treatment plans
- Medication prescriptions
- Physical therapy or rehabilitation records
- Disability assessments
- Mental health and psychiatric care records
- Discharge paperwork
- Injury or pain journal
An attorney at FVF Law can help you preserve, collect, organize and present the medical records that are relevant to your specific car accident case.
How to Properly Document Your Injuries and Medical Care After a Car Accident
If you get into an automobile accident in Texas, you should take steps right away to protect your health and legal rights, as well as build a strong car accident claim from the very beginning. Detailed descriptions of your injuries and care can convey the extent of your losses.
Ensure the proper documentation of your injuries and medical care by taking the following actions, if possible:
- Seek immediate medical attention. Delaying care is a common mistake that can give an insurance company a reason to deny coverage or reduce your payment.
- Report the car accident to the police. When speaking to a law enforcement officer, don’t say you aren’t injured. Even if you initially feel fine, you may have a delayed injury.
- Follow your treatment plan. Listen to your doctor during the recovery process to avoid giving the insurance company a reason to blame you for the extent of your injuries.
- Obtain your medical records. You have a right to request copies of any of your medical documents under the Health Insurance Portability and Accountability Act (HIPAA).
- Document your injuries. Keep a daily journal where you describe how you feel, your symptoms, your pain level and any limitations to your daily activities because of your injuries.
- Don’t sign anything. Do not sign any requests or paperwork sent to you by an insurance company, including Medical Authorization Release forms.
Contact an attorney as soon as possible after a car accident in Texas for professional assistance documenting your injuries and medical care. Your lawyer can communicate with your doctors and hire medical experts to support your unique case.
Speak With a Car Accident Lawyer in Texas Today
You don’t have to document your injuries or prove your car accident case alone. You have the right to hire an experienced car accident lawyer in Texas to take immediate action on your behalf. Speak to an Austin personal injury lawyer at FVF Law today for free and at no pressure to hire us by calling (512) 640-2146. We have more than 100 years of experience.
