How Are Injuries Documented in Illinois Personal Injury Claims?
There are many different ways to be injured in an accident. Whether you are suffering from a motor vehicle accident, slip and fall, dog bite, or some other injury – some of the steps you need to protect your rights are the same. The successful pursuit of a personal injury claim will rely heavily upon adequate documentation of the claims. Illinois law requires plaintiffs to provide adequate, comprehensive, credible evidence in order to succeed in their personal injury claim.
In Illinois, credible evidence might include documentation such as medical records establishing your claims, photographs, sworn witness statements, and expert testimony. Any and all of these items can be a piece of painting the comprehensive portrait of your case, and potentially help to result in a court-ordered reward for compensation.
At Patel Law, PC, we have seen enough personal injury cases to understand just how overwhelming the aftermath of an accident can be. In the midst of dealing with the fallout of your injuries, it can be starkly overwhelming to know what steps to take next. This article aims to help readers begin to understand some of the key elements of injury documentation in Illinois. For specific, formal advice tailored to your own circumstances – contact one of the experienced personal injury attorneys at Patel Law, PC.
Why Injury Documentation Matters
When adjudicating a case, the courts are not interested in simply hearing out/trusting the parties (on either side.) When bringing a personal injury suit, it is important to back up your statements with documented evidence of your claims.
Injury documentation serves multiple purposes in a personal injury claim:
- Medical records, police reports, etc. can establish a timeline of events, link causation, document symptoms and treatments, etc.
- Medical bills, pay stubs, documented lost wages, etc., can help to establish damages/that money was lost, and potentially that pain and suffering followed the accident.
Under Illinois law, the burden to prove your case lies with the Plaintiff. What this means is that the person filing a lawsuit needs to provide clear evidence backing up their claims. Without proof, the defending party will likely be able to get your claim thrown out. At the very least, they will attempt to mitigate their own liability by questioning the legitimacy and severity of your injuries.
Documentation Used to Prove Injuries
There are several categories of documentation that could be used to help establish the legitimacy of your claims in a personal injury case. These might include:
- Medical Records
- Emergency room records & hospital stays
- Doctor notes & a log of doctor visits, as well as rehabilitation and therapy.
- Diagnostic imaging
- Lab test results
- Prescriptions, to include medication as well as other prescribed medical devices (such as a wheelchair).
These records both establish a series of events and a verifiable timeline. They also help to establish what injuries arose from the accident and what could have been a pre-existing condition.
- Photographic or Video Evidence
Visual documentation of cuts, bruises, surgical scars, and the accident scene can be powerful evidence.
- Journals and Witness Accounts
A pain or recovery journal can allow an injured party to document and track how injuries affect daily life. They might discuss pain levels, limitations in mobility, missed work/social events, mental health, etc.
Medical experts might testify regarding the injury, prognosis, and future needs of the party as well.
- Employment and Wage Documentation
Further documentation might include pay stubs, disability benefit statements, and vocational expert assessments.
Contact Patel Law, PC
If you’ve been injured in an accident, quickly and properly gathering and preserving evidence is key. Properly documenting the extent of your injuries is a critical step in protecting your rights. An experienced Champaign personal injury attorney at Patel Law, PC can help. Contact our office today to learn more.
Sources:
insurancebusinessmag.com/us/news/construction/nautilus-insurance-challenges-duty-to-defend-in-1-million-injury-suit-544926.aspx
medicaldesignandoutsourcing.com/steris-isomedix-settles-ethylene-oxide-eto-lawsuits-illinois/
