You’re sitting in your living room three weeks after the accident, and your back still hurts every time you stand up. You remember going to the doctor that first day, but then life got busy. You figured you’d tough it out, but now you’re wondering if that was a mistake. You think it may be time to file a personal injury claim in the Outer Banks area, but you’re worried because you didn’t keep up with all your medical appointments.
Here’s the truth many people don’t know: in the eyes of the law, if your injuries aren’t documented by medical professionals, they essentially don’t exist. This may seem harsh, but knowing this can make the difference between receiving fair compensation and walking away with nothing.
In North Carolina, injuries are common and costly. North Carolina’s statewide crash profile reports about 9.67 crash injuries per 1,000 people (5-year average). At Shapiro, Washburn & Sharp, we’ve spent decades handling personal injury cases, and we know how quickly a “simple” injury claim can turn into an argument about what happened, how badly you were hurt, and what it will cost long term.
Our firm has been named a Tier 1 “Best Law Firm” for personal injury (and other practice areas) since 2010, demonstrating our dedication to helping our clients recover what they’re owed. If you’re thinking about filing a personal injury claim, contact us at 833-997-1774 for a free consultation today. Meanwhile, let’s talk about why medical records are so important to your case.
Why Is Medical Documentation So Important to My Case?
Here’s the core problem: the insurance company (and the defense lawyer, if applicable) isn’t living in your body. They can’t feel your pain, experience your dizziness and disorientation, or experience how difficult it is to live your life after the accident. So they rely on what they can point to and argue about: your medical records.
Some people may assume that if they’re really hurt, that should be enough, but the law doesn’t see it that way. You have to prove your case, which means you need medical documents to show the following:
- You were hurt
- The accident (or negligent care) caused it
- The injury cost you something (money, time, ability, and quality of life)
Without proof of these three things, you can still be genuinely injured, but the other side can argue that they don’t see it. They may suggest that your injuries aren’t as bad as you say they are, or that you already had these problems before the accident. Even if those statements are unfair, they’re effective arguments in the legal world.
The insurance company may also try to say that you were at least partially responsible for the accident and/or injury. In North Carolina, personal injury cases operate under what’s called a “contributory negligence” system, which means that if you are found to be even one percent at fault, you will be barred from recovering anything.
That’s why it’s so important to have clear, consistent proof of what you’re going through, and the only way to get that is through seeing your doctor and getting the appropriate medical documentation. Your Outer Banks personal injury lawyer can help you obtain all necessary medical records.
What Happens If I Don’t Document My Injury?
Let’s imagine you were rear-ended at a stoplight. You felt okay after, so you went home, thinking you would be fine. Two days later, your neck is still stiff and painful. A week later, you’re having headaches. But you’re busy with work, and going to the doctor would be a hassle, so you take some over-the-counter pain pills and move on.
Three months later, you’re still in pain, and now you decide to file a personal injury claim. The insurance company looks at your case and says, “Well, you didn’t see the doctor for two weeks after the accident. How do we know your neck pain is from the accident and not from something else?”
They may argue that you slept wrong, you have a pre-existing condition, or you injured yourself doing something else. Without the proper medical records from right after the accident, you have no way to prove them wrong. It’s your word against theirs, and that won’t hold up in the legal world.
What Do I Need to Do to Get Good Records?
If you’re in any kind of accident, whether it’s a car crash, slip and fall, or other incident where you were injured, see a medical professional as soon as possible. You don’t have to rush to the emergency room for minor complaints, but do make an appointment with a general practitioner and get checked out within the first day or two, even if you feel fine.
After an accident, your body is flooded with adrenaline, which can mask the pain of injuries. Soft-tissue injuries, too, don’t show up for 24 to 72 hours. If you wait to see a doctor, and then your medical records show a gap between the accident and your first visit, it creates doubt about whether the accident caused your injuries.
When you do see a doctor, be honest about every symptom you’re experiencing. Don’t leave anything out in the name of “being tough.” Your doctor needs to know about every ache, pain, limitation, and concern so they can document it properly. Tell them if your sleep is off, you’re having trouble concentrating, if certain movements hurt, and if you’re feeling anxious or depressed — it all matters.
Next, keep your own simple notes. This is to help you report symptoms to your doctor. If you develop headaches that you didn’t have before, write it down. That will help you explain everything at your next appointment and ensure the doctor adds it to your records.
Finally, be sure to follow your doctor’s instructions carefully. If they refer you to physical therapy, keep your appointments. If they prescribe medication, take it as directed. If they tell you to come back for a follow-up visit, show up. Insurance companies will be looking for any sign that you weren’t really hurt all that badly or that you didn’t take your recovery seriously.
How an OBX Personal Injury Lawyer Can Help
At Shapiro, Washburn & Sharp, we understand that dealing with medical documentation can feel overwhelming, especially when you’re trying to recover from painful injuries. We can help you in several ways, including guiding you toward medical providers who understand how to document injuries for legal purposes. We’ll also be sure nothing is missed in your records, and may work with medical experts if needed to provide opinions that strengthen your case.
That attention to detail can make a big difference. For example, in one North Carolina personal injury case handled by our firm, a woman suffered serious leg injuries when a farm truck crashed into her vehicle. The defense tried to minimize the long-term impact of her injuries, but her medical records told a clear and consistent story about the severity of her condition, the treatment she required, and how the injuries changed her daily life. By carefully presenting that evidence to a jury in Northampton County Superior Court, our Outer Banks personal injury lawyer secured a $650,000 jury verdict to compensate her for her medical expenses, lost income, pain, and suffering.
If you or a loved one was seriously injured and are considering filing a claim, contact our offices right away to schedule a free evaluation. We would be happy to welcome you to our offices in Kitty Hawk, as well as in Norfolk, Virginia Beach, Suffolk, Chesapeake, Hampton, and Portsmouth.