What Kind of Medical Evidence Is Used in Personal Injury Cases?

 Posted on September 08, 2022 in Personal Injury

No one signs up for a personal injury case. Rather, people become plaintiffs in a personal injury lawsuit because something out of their control has happened to them - due to another party’s negligence. Dealing with your injuries is likely already painful and difficult. Fighting to force the party who injured you to compensate you can also be challenging in many ways. It is necessary to introduce substantial evidence to prove the extent and nature of the physical harm that was done to you.

If your case goes to court rather than settling, this may mean that you necessarily will lose some privacy in your medical information. If you are naturally a private person, this may be difficult for you. Understanding the ways that medical evidence may be used in your trial is important so that you are well-prepared. Our attorneys do, of course, always make an effort to secure a settlement you are happy with first. 

Types of Medical Evidence Used in Personal Injury Cases

People are often apprehensive about giving up medical privacy. One of the first things you should know is that the defendant does not have free reign to go diving into your entire medical history. The medical evidence that can be introduced to court is limited in scope and must be relevant to the case at hand. Some types of medical evidence your attorney may want to use include: 

• Photographs - Medical photographs of the injuries in question provide some of the most compelling evidence in personal injury cases. Trials often do not even begin until a year or more after your injuries occurred. By that time, bruising will have faded away, casts will have come off, and you may no longer appear injured, even if you are still in pain and struggling. Pictures of your injuries when they were fresh may be used to help the judge or jury understand how bad they were. Close-up images of the injured body part are typically used, so that your privacy is not infringed more than necessary. 
• Diagnoses - A doctor’s diagnosis lends legitimacy to your physical suffering. Diagnoses may be very simple (broken femur) or very complex, especially where back injuries involving discs and nerves are concerned. Only diagnoses relevant to the injuries giving rise to your lawsuit are introduced. This may include pre-existing conditions only in very limited circumstances. You do not need to worry about having the defendant use your medical history strictly to embarrass or defame you. 
• Diagnostic Imaging - Sometimes, the best way to show an internal injury is by introducing an X-ray, CT scan, or other type of imaging. An expert witness may be needed to explain to the court what the image shows. 

Medical evidence can be incredibly important in personal injury cases. If you have concerns, you should speak to your attorney about how medical evidence could be used in your case. 

Call a Will County Personal Injury Lawyer

McNamara Phelan McSteen, LLC is skilled at using medical evidence to the advantage of our clients. Our Joliet personal injury attorneys will strive to limit the introduction of your medical records to preserve your privacy as well as possible. Call 815-727-0100 for a free consultation. 

Source:

https://www.illinoiscourts.gov/Resources/92820484-c6d7-4be9-ae8c-8883c3ad84d6/5010761.htm