8 Typical Accident Scenarios that Constitute a Personal Injury Case

by | Published on Jan 15, 2018 | Medical Record Review

Medical chart review and medical bills are crucial in every personal injury case, and can make or break a case. Attorneys use medical records to check for important facts of the case, identify red flags that could hurt the client’s case, and determine if the injury may have been caused by the defendant’s negligence, decide damages, prepare for expert medical review and so on. The success of a personal injury claim relies on how much reliable documentation is available about the plaintiff’s injuries and other losses. While evaluating the claim and making a settlement offer, the insurance company will rely heavily on medical documentation.

Here are some common accident scenarios wherein the injured person may be eligible for compensation.

  1. Car accidents: Many people are injured or die in road accidents. Some common causes of road accident injuries are reckless driving, defective vehicles, and driving under the influence of drugs or alcohol.
  2. Violence or assault: Physical attacks may result in injuries that are serious. Sometimes, the trauma of a physical attack may leave the victims in an impaired psychological state.
  3. Workplace injuries: Unsafe workplace conditions may lead to workplace injuries for employees in an organization. The employer is expected to meet specific health and safety criteria to ensure a safe and secure workplace.
  4. Animal attacks: People may be hurt from attacks by another person’s pet animal such as a dog. Severe attacks could lead to hospitalization, huge medical bills and loss of wages from being unable to work.
  5. Food poisoning: Contaminated food can be highly risky. Undercooked, unhygienic, or stale food contains harmful bacteria and pathogens that are health hazards.
  6. Medical malpractice or negligence: Personal injury results from bad medical advice, wrong diagnosis, inadequate treatment, or medical malpractice. Injury claims in this category may range from simple negligence to severe cases. The medical professional would typically have not done what is required for the patient.
  7. Slip and fall injury: This often happens to the elderly population and possible venues are corporate locations, shopping malls and other public places that are poorly maintained.
  8. Cosmetic surgery: Any injury resulting from a cosmetic procedure can lead to a personal injury claim. The amount of financial compensation depends on the extent of the damage.

The law governing personal injury cases in each state is a major determiner of the verdict in this type of cases. State laws take into consideration the nature of the injury, and its category. There may be a difference in how state courts calculate the degree of harm, and some state courts may attach special importance to how the evidence is obtained. The form of harm suffered by the plaintiff that is established through a detailed medical chart review is an important factor when it comes to the final verdict in a personal injury case. Judges find it harder to come to a conclusion when the injuries involved are of an emotional or mental nature. The court will also look at the level of treatment given to the injured party. In case there are multiple treatments and all supporting documents are available, the judge may rule for a plaintiff to be given compensation as quickly as possible. Given the significance of medical records in a personal injury case, medical record retrieval and analysis becomes a very important process.

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