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What Medical Evidence Do You Need to Prove Your Injury (And How Do You Get It)?

Medical Evidence Needed

If you’re injured in Georgia because someone else was negligent, you are entitled to compensation, but it isn’t simply handed to you. You will need medical evidence that proves your claim is true, and you’ll need the advice and services of an Atlanta personal injury lawyer.

If you’ll keep reading, you will learn what medical evidence you will need to prevail with a personal injury claim arising from an injury caused by another driver’s carelessness, a property owner’s negligence, or a defective consumer product.

You will also learn more about your rights and options as an injured victim of negligence in the state of Georgia – when, how, and why you should exercise those rights – and you’ll learn how the right personal injury lawyer can help you prevail with your personal injury claim.

How Does Georgia Protect the Victims of Negligence?

Georgia’s negligence and personal injury laws are complicated, but those laws are based on one commonsense presumption – that whoever causes an accident should pay for the damage that results.

Under Georgia law, the injured victims of negligence are entitled to receive compensation for their medical expenses, lost wages, personal pain, and suffering, and related damages.
Protect the Victims of Negligence
To obtain that compensation, an injury victim must retain a personal injury attorney and help that attorney prove that the other party was negligent. However, in many cases, proving that someone else was negligent may not be easy.

Why is a Medical Exam Imperative After an Accident?

For example, it may be difficult to prove that an at-fault driver caused a back injury if you have a history of suffering back pain. After any traffic accident, slip-and-fall incident, sports injury, or any other accident, have a medical examination immediately or at least within 24 hours.

Even if you feel great, have a medical examination anyway. If you sustained a latent or hard-to-detect injury, or if the pain suddenly emerges days after an accident, the results of that medical examination can be key evidence if you seek compensation with a personal injury claim.

A medical examination within 24 hours of an accident can determine if you sustained any kind of injury. In fact, an immediate medical exam may be the only way to prove that your injury is the result of a particular accident and did not happen in some other way.

When you file an injury claim, you will be required to release all of your pertinent medical records to the negligent party’s insurance company and/or injury attorney so that they can evaluate the legitimacy and value of your claim.

However, some injury victims may have difficulty obtaining the medical treatment – and the medical records – they will need.

Can You Obtain the Treatment You Need?

Emergency rooms typically provide only what treatment is necessary to stabilize a life-threatening or otherwise serious condition, and ER staffs usually instruct a patient to see his or her own physician or a specialist for further treatment and care.

When you are discharged from an emergency room after an accident, it does not mean that you do not need any more medical care. That almost never happens. If you’re injured in Georgia because someone else was negligent, keep your appointments and make your health a priority.
Follow-Up Medical Care
After you have been injured, the appropriate follow-up medical care also generates medical records you’ll need if you pursue compensation for medical costs and lost income.

But many people now carry no health insurance, so they may face obstacles to obtaining the treatment they need. Some doctors will provide services on a “lien” basis, which means the doctor is reimbursed when the patient receives compensation – which might take some time.

What is a Lawsuit Loan?

If healthcare providers are unwilling to work on the basis of a lien, some personal injury victims seek a “lawsuit loan” against the compensation they intend to receive.

With a lawsuit loan, a funding company buys the right to some or all of your compensation, and you receive an advance while your personal injury case is pending.

The pros and cons of medical liens and lawsuit loans should be thoughtfully considered and discussed in detail with a victim’s personal injury attorney before any final decisions about such options are made.
Medical Expert Witness
If you have been disabled or severely injured and you are bringing a claim that includes projected future medical expenses, that requires additional evidence and usually the testimony of a medical expert witness.

What Should You Say in an ER?

If you’re rushed to an ER directly from a traffic crash or some other serious accident, you may be asked about what happened by a nurse or a doctor. A brief answer like “Someone crashed into me” is all you need to say. Offer no further details to the ER personnel.

The more you say in the emergency room, the more likely it is that you may reveal something that might be misconstrued or twisted to challenge your injury claim. Talk about the details of your case with your Georgia personal injury lawyer only.

Instead of explaining what happened, tell the ER staff about your injuries. Tell them everywhere you feel pain, and describe the pain as accurately and as precisely as you can. Don’t ignore or overlook a minor ache or pain that could develop later into a severe medical condition.

When Should Injury Victims Take Legal Action?

If a negligent party injures you anywhere in Georgia, once you’ve been treated and examined by a healthcare professional, schedule a meeting to discuss your rights, your options, and the evidence with an Atlanta personal injury attorney.

In Georgia, there is a two-year deadline for filing personal injury claims, but don’t wait two years and then scramble to act at the last moment. Putting an injury attorney on the case at once – while the memories and the evidence are still fresh – is the wisest strategy.

If you have been injured due to someone else’s negligence, your first consultation with a Georgia personal injury lawyer is provided with no cost or obligation. If you move forward with legal action, you pay no fee to an attorney until and unless you are compensated.

Not sure if your lawyer can get you the compensation you deserve? Read our blog post, “How Do I Know If My Personal Injury Lawyer Can Handle My Case?”

The medical records you create after an accident may determine whether or not you can be compensated. After an injury, get the treatment you need, and then contact an Atlanta personal injury lawyer promptly. The right lawyer will fight for the compensation and justice you deserve.

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