When you’ve been seriously injured in a traffic accident, you likely face significant medical expenses. Between emergency care, time spent in the hospital, rehab, and potential ongoing or long-term care needs, you may be looking at many thousands of dollars in medical bills and wondering how you’ll ever be able to afford them.
If another driver caused the accident that led to your injuries, you may have grounds to pursue compensation from the responsible party to cover your medical bills and other expenses. Whether you’re able to recover compensation will depend a great deal on the quality and volume of medical evidence in your case. Contact the New York car accident lawyers at Finz & Finz, P.C. to discuss your legal options in a free consultation.
What Is Medical Evidence?
Medical evidence is proof showing the extent of the injuries you suffered and that they were caused by the accident. There are different types of medical evidence your New York personal injury attorney might use in your case:
- Documentation — During the stage where your injuries are diagnosed and throughout the treatment process, your doctor and other medical professionals will create a high volume of documentation related to your injuries. This includes their medical notes, lab results, and treatment records, as well as the results of tests like X-rays, CT scans, MRIs, and more.
- Expert Testimony — Your attorney has access to top medical experts who can offer an informed perspective on your injuries and how they may impact your life. They’ll be able to speak to any potential long-term consequences associated with your injuries, as well as to the recognized approaches to treatment.
Medical evidence will play a key role in your accident case, so it’s vital that you retain an attorney with both the investigative skills and the professional relationships necessary to amass all the available evidence in your case.
Why Is Medical Evidence Important After an Accident?
Medical evidence plays two critical roles in your personal injury claim following a car accident.
First, your New York car accident attorney will use it to prove that the accident caused your injuries. In some situations, the causal relationship between the accident and your injuries may not be immediately apparent. This can happen if you’ve been in a car accident in the past or if you’ve previously suffered workplace or sports injuries.
Insurance companies may try to use the facts of these old injuries to argue that the accident didn’t cause your current injuries. Your attorney will use all available medical evidence to prove that the car accident directly caused the injuries and required the treatment that the evidence documents.
Second, your attorney will use medical evidence to prove the extent of your injuries. They’ll demonstrate that the accident caused your injuries, that you received appropriate medical treatment, and that the amount of medical treatment you received proves that your injuries were severe.
Receiving medical care, showing up for all appointments, and following your doctor’s treatment plan to the letter are important elements of your physical recovery. They’re also crucial to your personal injury case. Because the availability and quality of medical evidence can influence the outcome of your case, you want the evidence to clearly show that you deserve the compensation you seek.
Who Qualifies as a Medical Expert for Testimony?
Your attorney may secure expert testimony to support and provide additional context for the documentary evidence related to your car accident injuries. They can also offer informed opinions on your long-term prognosis and what kinds of additional treatment you may require. Physicians, surgeons, nurses, and other licensed medical professionals may serve as medical experts and provide testimony during the discovery and trial phases of your case.
Medical experts must testify only in areas in which they have actual expertise. They must be trained and have substantial recent knowledge and experience in the area of medicine upon which they’re asked to testify. Medical experts are ethically bound to testify honestly, objectively, and in line with prevailing standards of care and current scientific thought.
How Working with an Attorney Can Help
Pursuing a personal injury claim is a significant undertaking and one you likely aren’t equipped to handle on your own. Retaining an experienced and knowledgeable New York personal injury attorney will allow you to focus on your physical recovery while leaving the complex legal process to a professional who understands the law and is familiar with the inner workings of the legal system.
Upon accepting your case, your attorney will begin the process of investigating the accident and gathering evidence, including medical evidence, to build your claim. Part of their task is to determine whether a medical expert’s testimony would be advantageous in presenting your case.
There may be several situations in which your attorney will want a medical expert to provide testimony. For example, if the facts of your case and the nature of your injuries are unusually complex, a medical expert’s knowledge may be helpful in simplifying complicated concepts and explaining them to the judge or jury. Another possibility is if your case is lacking sufficient physical evidence — a medical expert’s testimony could be used to lend credibility to your claim.
In addition to gathering evidence, your attorney will handle all communications with other parties, represent you in negotiations with the at-fault driver’s insurance company, and, if necessary, argue your case in court. Their knowledge and experience will be essential in your pursuit of compensation.
Talk to a New York Personal Injury Lawyer Now
If you’ve been injured in a car accident due to another driver’s negligence, the New York personal injury attorneys at Finz & Finz, P.C. can help. Injury cases have been one of our primary areas of focus for over 35 years, and we’ve secured over $1 billion in compensation for our clients through settlements and trial verdicts. We’re committed to earning your trust and repaying it with an aggressive fight for the justice you deserve.
Contact us today at 855-TOP-FIRM for a free case review. We look forward to learning about your situation, helping you understand your legal rights, and pursuing the best outcome possible for your case.