When a personal injury lawyer files a claim for their client with an insurance company or through a local court, they must present extensive evidence to prove their case. Most people think of police reports, witness testimonies, audio and video recordings, and expert opinions as key evidence. Yet, medical records reveal extensive details about past and current health issues, especially those directly related to an event that caused harm.
Diagnostic testing within a personal injury victim’s medical record can help prove that they suffered substantial physical or emotional problems after an accident caused by error, intention, negligence or other actions. What types of tests are conducted to provide proof? In what ways do diagnostic tests help? Are these tests enough proof? Read on to find out more about how a personal injury lawyer uses diagnostic testing to win an insurance or court claim case.
It’s important to note that lawyers might recommend certain tests, but doctors actually choose the tests best suited for a case based on a patient’s symptoms. An emergency department doctor, primary care physician, nurse, physician assistant, surgeon or other specialist might order blood tests, body scans, nerve tests, neurological evaluations, or even psychological assessments.
Diagnostic Results as Evidence
Diagnostic testing results can establish proof of injury and liability in a wide range of scenarios. Results provide a lawyer with the following evidence that helps them better defend their client and prove the full extent of any short-term or long-term damage:
– Chronological Verified Proof
Diagnostic tests can show that one or more injuries or new chronic health conditions likely occurred as a result of the accident. Some tests can even reveal which injuries likely happened first during an accident. If the accident exacerbated symptoms of preexisting conditions, an experienced lawyer like the attorneys at Thomas Law Offices can show before-and-after proof of causality confirmed by licensed medical providers. These tests can also establish an estimated timeline for recovery or long-term disability care based on previous similar historical claims by other victims of similar accidents.
– Evidence of Valid Claims
Since different types of accidents can cause specific injuries, diagnostic tests can help show that a victim exhibits symptoms commonly known to occur as a result of a specific type of accident. The tests then provide physical proof that the injuries are real, disruptive, painful, and so forth. This evidence can even prove that a victim isn’t making false statements designed to gain sympathy and financial rewards.
– Cold Financial Facts
Medical professionals and traffic accident experts have access to historical records that reveal patterns of estimated long-term healthcare costs and income losses that result from specific injuries. Once diagnostic tests tie injuries to an accident, a lawyer can more easily justify any estimated financial amounts they ask for as compensation for their client.
Common Injury Examples
After serious, life-altering injuries, especially ones that result in permanent disabilities, many victims imagine that no one can relate to what they’ve gone through or understand their suffering. If they’ve experienced hidden nerve damage from a dog bite or a traumatic brain injury after a blow to the head, for example, they might have difficulty believing that diagnostic tests will provide enough evidence to prove that they need financial support as a result of their accident.
A victim might believe that collecting previous diagnostic testing records and enduring additional tests isn’t worth the effort or potential pain and suffering. They might have even heard stories about insurance adjusters and court personnel claiming that specific tests can’t reveal causality. Yet, more often than not, these ideas are incorrect.
For example, an MRI and nerve testing after a dog bite can confirm that injuries occurred as a result of the bite and the extent of the damage. Even if part of the bite didn’t cause a puncture wound, the strength of the dog’s jaw might have caused nerve damage, revealed via diagnostic testing.
A psychological assessment can break down a victim’s emotional state after months of medical treatments and rehab appointments following a head injury. This type of evaluation can help establish how a victim’s relationships have suffered as a result of their physical or emotional distress. Neuropsychological testing, physical evaluations, and other tests as part of a comprehensive and multidisciplined patient-centered approach can reveal cognitive and emotional problems caused by a traumatic brain injury, even if scans like CT scans and MRIs fail to provide confirmation.
Some victims have difficulty proving causality and fault after a car crash because of association with elements or scenarios that cause accidents. For example, a defendant and their lawyer might attempt to pass some or all fault onto a victim hit by a car in a bar parking lot. They might describe a scenario in which the victim was stumbling through the lot with other intoxicated people. Seemingly small pieces of evidence like blood tests immediately after an accident can prove that the victim didn’t consume alcohol or street drugs.
How a Legal Team Helps
During insurance and court claims, injured accident victims don’t typically possess the energy or time to fight for their rights. A local personal injury law firm and a team of legal experts usually won’t require payment unless they win the case. As a result, it’s in their best interests to work hard to achieve a positive outcome for a client.
A legal team does all the heavy lifting. After reviewing a new client’s case, they make medical testing recommendations based on historical records and accident reporting data. They might ask a victim to speak with a private doctor about additional tests. They might also ask for written approval to speak with their client’s healthcare providers. Once the tests are completed, they do all the legwork to gather medical information and experts who can use the results to form opinions that benefit their client.
As you can see, medical diagnostic tests play a critical evidentiary role when proving an initial insurance claim and appealing a denial. This evidence can also make or break a case during the discovery and court phases of a personal injury lawsuit.
