THE IMPORTANCE OF STRONG MEDICAL EVIDENCE IN SUCCESSFUL PERSONAL INJURY CLAIMS

What is the role of medical evidence in personal injury claims and why is it so important?  To make a successful claim for personal injury compensation, you need to prove three things.  Firstly, that someone else had a legal responsibility for your safety and welfare; secondly that they failed in their responsibilities towards you; and finally that you suffered an injury as a direct result.  No matter how serious your injuries are, you will only be able to recover accident compensation if the first and second criteria are satisfied.

If these first two hurdles are overcome, then one of the key pieces of evidence that your personal injury solicitor will need, to ensure you receive the correct level of compensation, is a high quality medical report.  This will record:-

1.   The nature and extent of the injuries you have suffered;

2.   The medical treatment you have received, the anticipated timescale for recovery and whether you are likely to experience any continuing symptoms;

3.   Whether you have any relevant pre-existing health issues and if so an assessment of the extent to which these have been affected by the accident;

4.   The overall effect the accident has had on your life (at home and at work) and whether any additional treatment or rehabilitation might assist you.

Armed with this information an experienced personal injury solicitor will be able to assess the monetary value of your injuries.  This element of the compensation award is known as “general damages” and compensates you for the pain and suffering you have had to cope with, and also any negative affect on your day-to-day life.  Therefore, more serious injuries will attract a higher sum for general damages.

Your solicitor will arrange an appointment for you to see an independent medical consultant in your area (but usually not the person who is treating your injuries), who should have been given brief details about you and how the accident happened.  Some solicitors do not believe it is important for the expert to see your previous medical records, but I think this is vital, as without seeing the full records the expert will not know anything about your medical history and crucial issues may be overlooked.  Therefore, my staff and I (with your prior consent) ensure the consultant has copies of your GP and hospital records in advance of the appointment.

Your solicitor should ensure you see the correct type of expert who is qualified to deal with the full extent of your injuries, for example an orthopaedic consultant (if you have suffered a back injury) or a maxillofacial surgeon (if you have suffered facial injuries).  In some situations, you may have to see more than one expert if you have suffered multiple injuries.

The appointment with the medical expert will usually last for about half an hour and normally involves a physical examination.  A couple of weeks later they will send their report to your solicitor, who should copy it to you to check and approve.  At that stage it is often possible for your solicitor to assess the level of compensation you should be seeking, and agree this with you.  This assessment is based on judicial guidelines and also on what has previously been awarded by the Court for similar injuries.  It is therefore essential that your solicitor is a specialist in personal injury compensation cases, who is up to date with all developments in this area of law.

Once you approve the medical report a copy is sent to your opponent’s insurers.  At that stage, if responsibility for your accident is accepted and the full extent of your financial losses has been established, your solicitor will attempt to negotiate a settlement.  Insurers will try to resolve your claim as cheaply as possible and if the medical report is of poor quality and does not deal with every aspect of your injuries and their consequences, there is every chance they will succeed in this aim.  If agreement cannot be reached, then the level of your compensation may need to be assessed by the Court, who will place great reliance upon the medical evidence.  However the claim is resolved, most personal injury solicitors will work on the basis that you keep 100% of the compensation they are able to recover for you, as their costs will be paid separately by the insurers.

In respect of minor road accident claims resulting in apparently modest injuries, many defendant insurers suggest that a medical report is simply not necessary and the injured party would rather receive an early payment.  There is a growing trend for insurers to contact injured people direct to try and secure a settlement with them, before they have had the chance to obtain any legal advice, effectively buying off the claim immediately at low cost.  This practice is known as “Third Party Capture”.

There is an obvious appeal in having an instant payment of between £1,000 and £1,250, but is this really sufficient to fully compensate you?  If this early offer is accepted, you may not be able to re-open the claim at a later stage when it becomes clear that your injuries will not recover quickly as you initially anticipated.  I have known of cases where injuries suffered in a minor accident have taken some time to develop, but have resulted in substantial and long lasting symptoms affecting future capacity to work, and leading to compensation awards of tens of thousands of pounds.

If you are injured in an accident, take care how you proceed with a claim for compensation.  An early settlement may not be in your best interests, and only a full investigation of your injuries will ensure that you are not short changed.  The best option is always to talk to an experienced personal injury solicitor, whose advice will usually be provided without charge.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

Steven Hinchliffe established Hinchliffes Solicitors in 1999, after many years as the Managing Partner of a renowned Malvern practice. He has experience in many areas of law, but has concentrated on general civil litigation and Personal Injury. He is the owner and sole Principal of the firm, with overall responsibility for its management, administration and marketing. He is also responsible for overseeing the handling of all the firm’s Personal Injury files, together with specific responsibility for the recovery of costs.

Steven is a Fellow of the Association of Personal Injury Lawyers and spent 12 years as a Deputy District Judge.