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Medical Evidence and The Personal Injury Case
Posted: Nov 01, 2019
In this article some of the best car accident lawyers in Queens and personal injury lawyers in NYC share their secrets about presenting medical evidence in a personal injury case. It’s not about "faking" injuries, but about bringing to light the seriousness of a condition, the amount of treatment required to alleviate the condition and the degree of permanency that is likely to occur. The get the highest amount of compensation for your serious injuries, it’s crucial to make sure that you have the evidence you need to make your case.
Proving Causation
Whether you were injured in a car accident, slip and fall, by medical malpractice or another type of negligence, it’s necessary to properly prove the relationship between the accident and the injury. For example, with a car accident, the best way to start off your case is to take an ambulance from the scene to the emergency room and complain about everything that’s bothering. If you complained about your shoulder right after the accident at the hospital, it will be credible when you later claim that you needed surgery to repair the shoulder. On the other hand, with the same injury, a person that goes home after an accident, doesn’t go to the doctor for several days, a week or a month, will have a much weaker case when that same shoulder injury requires surgery because the pain does not respond to therapy. With the first scenario, a car accident lawyer in Queens can show that the shoulder injury was "acute," caused by the trauma from the accident. With the second scenario not only can the insurance company attorneys claim that the injury could have been caused by trauma during the time between the accident and the medical visit, they can also claim that it was pre-existing, degenerative or not very serious at all. When medical treatment is delayed, the insurance company sometimes refuses to pay for the surgery, claiming it was not necessary.
MRI’s, ROM’s and Other Testing
When a doctor suspects that you have an injury, he will order testing that you help him with the diagnosis. X-rays, like the ones that you get at the hospital, will only show fractures and some other types of injuries, but will not show "soft-tissue" injuries such as torn ligaments, which can also be very serious. MRI’s can show soft-tissue injuries, so the doctor can make a diagnosis, and your personal injury attorney in NYC can use this as evidence in your case. Another important, and completely non-invasive type of testing is Range of Motion (ROM,) where the doctor, in a methodical way, asks you to move your body the farthest you can and records these results.
Gaps in Treatment Can Injure Your Claim
Your car accident attorney in Queens will surely have their paralegals on your case, reminding you to go to the doctor and therapist for treatment. That’s because gaps in treatment will hurt your case. The insurance company lawyers won’t care that you were busy getting ready for your son’s wedding, helping your mother move to Florida or taking your kids to look at colleges, all they’ll see is that you weren’t badly injured, or you would have had no choice but to make treatment a priority. If you’ve been seriously injured in an accident, it’s important to call an experienced car accident attorney in Queens or personal injury lawyer in NYC to help you collect compensation, and to guide you through the process.
They are also one of the top Queens, Bronx, Brooklyn Personal Injury Attorney Law Firms. They will thoroughly investigate your case and explain their results patiently. Call them at 718-261-8114