Recent data from the National Highway Traffic Safety Administration (NHTSA) shows more than 2.3 million people were injured in motor vehicle accidents in a single year. For many, these injuries are physically and emotionally life-changing.
Prompt medical care after a crash is essential to avoid further complications and protect your right to sue for damages in civil court. New York City car accident lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. share the importance of documenting your injuries and how this evidence is used to build a compelling case for a fair settlement or favorable court outcome.
Why Immediate Medical Treatment Is Crucial After a Car Accident
After a car accident, it is possible not to have pain—even if you are injured. The body responds to stressful events by releasing hormones like adrenaline and cortisol, which engage the “fight or flight” response. Fight or flight is the body’s way of helping us react quickly during life-threatening events.
This innate survival mechanism can also mask pain and distract our attention from injuries. This is problematic when an injured person declines medical treatment after a car accident because they initially seem okay—only to discover they are seriously hurt.
Early treatment after a crash is also critical because some car accident injuries do not cause immediate symptoms. Organ damage, sprains and strains, bone fractures, and traumatic brain injuries (TBIs) can develop or worsen over time. Left undiagnosed and untreated, these injuries can potentially lead to chronic pain and permanent disability.
Protecting Your Health: The Risk of Untreated Car Accident Injuries
A car accident can cause severe trauma to the body, even if vehicles are moving at a lower rate of speed. When a car crashes into another vehicle or other object, three collisions take place:
- The vehicle collision: The vehicle makes contact with the other object.
- The human collision: The occupant continues moving toward the point of impact at the same speed until it connects with an outside force (like a seatbelt, vehicle interior, or outside surface in an ejection.)
- The internal collision: The occupant’s internal organs move toward the point of impact within the body.
So, even if you are wearing a seatbelt or your airbags deploy during a crash, your internal organs can still shift within the body, causing bleeding, bruising, or tearing. Someone who appears uninjured may actually have extensive internal trauma that requires urgent medical treatment. Without timely care, these injuries can become life-threatening.
How Medical Documentation Supports Your Legal Case
Medical care is essential for personal injury claims not only to protect your health and well-being. Your medical records are also used as evidence to prove your injuries and show how they have impacted your life.
Suppose you do not seek treatment or adequately document your care after a car accident. If that happens, you weaken your case and risk losing financial compensation to pay your expenses and rebuild after a devastating injury.
Establishing Causation
New York personal injury lawyers use your medical records to establish how and why you became injured. This is a concept called causation, and it is one of several elements required for plaintiffs to prove negligence in car accident cases and recover financial damages.
The treating physician’s notes, along with diagnostic tests and treatment plans, show you became hurt during the accident and not due to a pre-existing condition. Medical professionals may also evaluate a case and provide expert opinions on what caused the victim’s injuries, recommended treatments, and the long-term prognosis for accident survivors.
Strengthening Your Position for Fair Compensation
The strength of your case depends in large part on the evidence provided. If you do not seek medical treatment after a car accident or wait too long to see the doctor, you open the door for the defendant’s attorney to question the validity of your claim or offer a lower settlement than you deserve.
Documenting Treatment: The Role of Medical Records in a Car Accident Claim
Clear, objective, indisputable medical evidence is essential for establishing that you were injured and those injuries require treatment. Medical records also show how your injuries have negatively impacted your quality of life.
Maybe you are permanently disabled or can no longer work after a serious car accident. Traumatic events also leave lasting emotional scars. Car accident survivors can experience anxiety, depression, and post-traumatic stress disorder that affect their mental well-being and overall enjoyment of life.
Severe injuries also create a significant financial burden. Between doctor visits, hospitalization, surgery, medication, and rehabilitative therapy, treatment can be incredibly costly, even with health insurance. Without medical records to verify these losses, they may go uncompensated, leaving injured victims without resources to recover physically, emotionally, and financially.
Keep Records of All Medical Visits
Now, let’s focus on ways to preserve the critical evidence you need to prove your personal injury claim. First, save all documentation for healthcare services related to your car accident, including:
- Emergency room care
- Surgery and hospitalization
- X-rays and other diagnostic tests
- Physical therapy
- Occupational therapy
- Medications
- Medical aids
Many providers utilize electronic health records (EHRs), making storing and accessing your medical data easier. Make copies of your EHRs and share them with your attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. We carefully review this information to collect evidence vital to your claim.
Document Pain and Suffering
Although physical and mental pain and suffering are more challenging to document, they are just as impactful. New York State allows damages for pain and suffering in personal injury lawsuits when a serious injury has occurred.
There are several ways to document pain and suffering after a car accident:
- Personal journal: Use a journal to record how your injuries affect your day-to-day routine and your mental health. Be specific when describing your pain and physical limitations, and be sure to date each entry.
- Counseling records: Therapy or counseling can be beneficial after a traumatic event. Records from your sessions help to prove mental anguish.
- Witness statements: Observations from family, friends, and coworkers are also helpful to show how you have changed since the accident.
At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we thoroughly investigate your case and determine the value of your claim based on all the ways your accident has affected your life. We fight for the settlement or court award that truly reflects your losses—so you can focus on healing and rebuilding.
Avoid These Mistakes With Car Accident Documentation for Medical Treatment
Some common oversights can derail your claim and prevent you from achieving full and fair compensation for your car accident injuries.
Inconsistent Medical Treatment
Following your provider’s guidance is necessary to build a solid personal injury claim. If you don’t complete medical treatment, the defendant’s insurance company and attorneys can argue that your injuries are not as severe as you claim. Adhere to your treatment plan and be diligent about documenting every visit and procedure to preserve the integrity of your case.
Underreporting Symptoms
Another common mistake car accident victims make is dismissing or downplaying their symptoms. As discussed above, traumatic injuries do not always have immediate and obvious symptoms. Always see a provider after a crash and share any concerns with your doctor—no matter how slight. Mild symptoms can indicate an emerging problem that requires timely medical treatment.
Seeking Legal Representation: The First Step Toward Justice
If you are hurt in a motor vehicle accident in New York and have questions about your rights, a free, no-obligation case review with an attorney is a crucial first step. The importance of legal consultation after a car accident cannot be understated. Without a skilled advocate in your corner, you can make costly mistakes that weaken your case and jeopardize your right to compensation.
To get started, call or connect online. There is no fee unless we win your case. Based in New York City, Friedman, Levy, Goldfarb, Green & Bagley, P.C. proudly represents clients in and around Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Long Island, and across New York State.
