Medical history plays a pivotal role in personal injury settlements. It is an essential component that helps determine the extent of injuries, the prognosis, and the compensation for damages. The medical records serve as tangible evidence of the injuries sustained and treatment received, which can significantly influence the outcome of a personal injury claim.
In any personal injury case, it is crucial to establish causation—that is, proving that another party’s negligence directly resulted in harm. Herein lies the importance of comprehensive medical documentation. These records substantively demonstrate how an accident has caused physical harm to a person by showing pre-existing conditions before an incident and health changes after it occurred.
Pre-existing conditions are significant factors considered during personal injury settlements. For instance, if someone had previous back problems before getting into a car accident that led to further back injuries, they might receive less compensation than someone who had no prior back issues. This is because it could be argued that their existing condition contributed to their current state rather than solely being caused by the accident.
However, this does not mean those with pre-existing conditions cannot file for claims or receive fair compensation. In some cases, accidents may aggravate these conditions leading to more severe health complications than what was initially there; this phenomenon is known as “eggshell plaintiff” in legal parlance—where even seemingly minor incidents can lead to major injuries due to inherent vulnerabilities.
The accurate representation of one’s medical history also helps calculate future medical costs required for rehabilitation or long-term care resulting from an accident-related injury. Such information assists lawyers and insurance companies in estimating appropriate settlement amounts accurately reflecting both past and future expenses related to medical care.
Moreover, thorough documentation provides insights into pain and suffering endured by victims post-accident—a factor often used when calculating non-economic damages such as emotional distress or loss of enjoyment in life activities which could substantially increase settlement amounts.
While providing complete access to one’s medical history might seem invasive or irrelevant at first glance, it is a necessary step in ensuring fair compensation. It allows for an objective assessment of injuries sustained, their relation to the accident, and the subsequent impact on one’s life.
In conclusion, medical history plays a significant role in personal injury settlements. It provides vital evidence to establish causation, determine the severity of injuries, account for pre-existing conditions, estimate future medical costs and quantify non-economic damages. Therefore, maintaining comprehensive and accurate medical records can prove instrumental in securing a fair settlement following a personal injury incident.
Munley Law Personal Injury Attorneys
197 N Cedar St, Hazleton, PA 18201
15705369498
