Contributory Negligence

Medical Experts and Personal Injury Claims

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People who believe that they are the victims of personal injury are entitled to file a claim seeking financial compensation. In most states, this is irrespective of whether they are partially responsible for the injury or not.

However, in order to receive payment for any type of injury, you first need to prove that your injuries were a result of the negligence of another party. You also need to prove that your injuries are real.

For personal injury compensation to be awarded in most cases, a medical expert is often necessary. In fact, this medical professional’s advice could easily make or break your case.

Medical Experts and Your Claim

Medical causation must be proven by a medical expert. In most cases, this involves a medical expert completing a report based on the evidence presented by your doctor’s and hospital’s notes.

In order to obtain your medical records, you will need to give a personal injury attorney authority to obtain this information. Your attorney then takes it and forwards it to the medical expert. This report is necessary to prove that your injuries were actually caused as a result of the specific incident and not already there before this incident.

In order to do this, the medical expert will need to have access to your medical information both prior to and following the incident. After reviewing all of the information, the medical expert will examine you and then give his or her prognosis. A prognosis is basically an expert opinion on how long you may suffer from the current symptoms and also what the future has in store for you regarding your injuries. This evidence will then become primary evidence submitted to support your case.

For example, if you are waiting at a set of lights in your car and your vehicle is hit from behind by another vehicle, you may experience whiplash. In this event, you will be taken to a hospital and treated for whiplash. If you file for compensation later, your car accident attorney will have the medical expert complete a report on your behalf. The medical expert will also check with your general practitioner and hospital notes to see whether you experienced any whiplash before the incident occurred.

After examining you, the medical expert will also state the degree of injury that you have experienced. The report will also show how long you’ll need to be treated for those injuries, and it should also state any other types of injuries suffered due to the accident. Ultimately, the report provided by the medical expert will be used in proving causation. This means that it will be used to prove that the accident caused your whiplash.

When it comes to the topic of medical experts and personal injury claims, you just cannot do without the medical expert.