An essential component of all Virginia personal injury cases is proving to the jury or judge the true extent of your injuries and damages. In other words, you need medical evidence to support your case. A lot of our personal injury clients are shocked to learn that the facts that can be presented at a Virginia trial are controlled by the Supreme Court of Virginia’s Rules of Evidence, and medical records from your doctor or the hospital where you were treated are not always allowed as evidence in court.
If you sustained serious injuries caused by another person’s negligence, it is important for you to understand how your health and your legal case are connected. The Virginia Beach personal injury attorneys at Shapiro, Washburn & Sharp can help you with both. With over 10 combined centuries of experience, we know how to build the strongest claim possible and fight for full and fair financial compensation. Call us today to set up a free, confidential consultation.
Are Medical Records Considered Hearsay in Virginia?
One of the more notorious rules of evidence is the hearsay rule. In very basic terms, courts do not allow someone to repeat something another person said outside of the courtroom. This rule applies to documents as well. Anything that was written outside of court cannot typically be used to prove the statements contained therein. Because of this, medical records can’t usually be used at trial to demonstrate the severity of a victim’s injuries.
Are There Any Exceptions to the Heresay Rule?
Yes, there are several exceptions to this rule. One of these is known as the “business records exception.” This means that records created as part of a company’s regular, day-to-day operations can be used in court. If the right steps are taken to show they were made as a regular part of business operations, medical records could fall under this exception and be admitted as evidence.
There is, however, also an exception to the exception in that the Supreme Court has stated that in the event that hospital records are allowed as evidence under this exception, any opinions included in those records have to be omitted.
Why Are My Medical Records So Important to My Personal Injury Claim?
When you bring a personal injury lawsuit in Virginia, you are asking to be financially compensated for another person’s negligence. Personal injuries can lead to an array of economic hardships and other issues. Not only will you likely incur lost income from being unable to work, but rapidly mounting hospital bills can exacerbate the situation.
You can pursue financial compensation for multiple damages, such as medical bills, pain and suffering, and lost earnings. To ensure that your case is as strong as possible and that you get the damages you deserve, you need medical records that are both transparent and comprehensive, and that show a direct link between the accident and your injuries.
How Do Virginia Personal Injury Lawsuits Use Medical Records as Evidence?
After you have given your Virginia Beach personal injury attorney permission to acquire your medical records, they can begin building a case on your behalf. Your hospital records will reveal the extent of your injuries, which will play a huge part in establishing which damages you are eligible to collect. Your lawyer will combine your medical records with other evidence from your accident to suggest the best course of action for your specific case.
Should your claim end up in court, both the court and the adjuster assigned to your case will be able to access your medical records. Their aim is to determine whether or not your injury could have been caused by a pre-existing condition. The at-fault party’s insurer will do absolutely everything in its not-inconsiderable power to lower your claim’s value, including downplaying your injuries. That is why your medical records must offer an accurate and straightforward picture of your injuries; to help prove that your injuries were caused by the accident and not a medical condition you already had.
Arguably, the most vital piece of evidence in a Virginia personal injury claim is the victim’s medical records. Without formal medical documentation of your treatments and injuries, you won’t be able to file a claim. This is another reason why it is important to wait until your treatments are finished or you have reached maximum medical improvement before your attorney enters into settlement negotiations. The total cost of your medical bills is the most important factor in deciding how much your case is worth.
How Will My Virginia Personal Injury Attorney Prove the Extent of My Injuries?
In a personal injury case, the most important medical evidence is usually the doctor’s diagnosis and their opinion that your injury was caused by the other person’s carelessness. But because a doctor’s opinion is not allowed under the rules set by the Neeley v. Johnson case, medical records are rarely used as evidence in Virginia circuit courts.
Rather than relying on medical records, our lawyers will have your doctor or another medical expert testify at trial or via deposition. Their testimony will explain your injuries and damages, allowing the court to fully understand what took place.
Need Legal Help? Call Shapiro, Washburn & Sharp
If you need help proving that your injuries came from a recent accident, contact the Virginia Beach personal injury attorneys at Shapiro, Washburn & Sharp. We have been helping our clients pursue damages that fully compensate them for their losses since 1985. For example, we recently secured a settlement of $883,155 for a doctor who sustained a traumatic brain injury when his car was struck by a wayward tractor-trailer.
If you would like one of our skilled Virginia Beach personal injury attorneys to review your claim and outline your legal options, call (833) 997-1774 or fill out our online contact form to schedule a free consultation. We have offices in Virginia Beach, Norfolk, Hampton, and Portsmouth.