If you are injured in an accident, one of the first things a New York Personal injury attorney recommends is seeking medical attention. This is because receiving medical treatment at emergency departments or urgent care facilities can be pivotal to any personal injury case. From test results and x-rays to records of emergency surgeries, medical records are the backbone to many claims.
How ER Records Help Your Case
There are a number of ways your personal injury lawyer serving New York may use emergency department records.
First, they can help establish causation. If you visit the emergency room immediately after an accident, this visit can establish that your injuries were caused by the accident. If you get medical attention several days or weeks later, the defendant’s legal team may claim that your injuries could have been caused by another, unrelated incident. By going to the ER immediately, you remove doubt and wiggle room that could be used against you.
Records can also help establish a medical baseline. Immediate medical attention provides you with records of your injuries as they might progress. Even if you don’t have severe symptoms immediately, sometimes accidents may cause complications later on, and records from diagnostic results and medical exams can ensure that you have a clear baseline if your injuries progress.
Medical screenings and physician notes also provide clear and objective evidence of your injuries. While insurance company legal teams often try to fight the seriousness of claims and downplay your injuries, it’s hard to argue with an X-ray of a fractured bone.
How ER Records Can Damage Your Claim
Unfortunately, legal defendants and insurance companies will also attempt to use your own evidence against you, so it’s key to understand how these parties can potentially use your medical information.
For many of us, the natural reaction is to downplay pain or simply say “I’m fine” when we go to the emergency room for an injury.
Additionally, immediately after an accident, symptoms may seem less severe due to shock or adrenaline.
Unfortunately, these kinds of statements can be used against you in a personal injury case, so you should avoid saying anything of the sort in the aftermath of an injury.
In some cases, reports from different parties are inconsistent. Often, we find that initial reports of an accident may be rushed or confused. If your description of events to medical staff conflicts with other accounts, this could be used against you in a personal injury claim.
Finally, after you leave the emergency department, be sure to follow the instructions of medical staff. For example, take necessary medications and rest, if that’s what the physician recommends. If you require follow-up care, book those appointments. If you fail to do so, this can be used to show that your injuries were not that serious.
When to Contact a New York Personal Injury Attorney
If you’ve been injured in an accident, we always recommend reaching out as soon as possible to find legal representation. An experienced personal injury attorney in New York will be able to gather and present the evidence that best helps your case and gets you the compensation you deserve.
Call 1-800-NOW-HURT for a free consultation with Buttafuoco & Associates.
