Monday, January 7, 2008

Medical Documentation of Injury

The last post concerned whether an expert medical witness was needed for a personal injury trial. I received a question in response asking whether it was necessary to have medical documentation to prove an injury. To that question, I think the answer has to be yes. If you were injured in an accident to any real degree, then why wouldn't you have gotten medical care? If you didn't get any medical care, then quite frankly, the case simply isn't worth very much. Few lawyers would ever get involved.

Then again, when someone is hurt but has no insurance, it is always possible to file in, say, small claims court. (What we call the People's Court.) There, even without medical backup, if you are truly in pain and the truth of your testimony convinces the Judge, you could certainly walk away with something. In the end, though, if you are hurting due to an accident, get yourself to a lawyer. Lawyers tend to have friendly doctors who will agree to treat people in need in exchange for a letter of protection from a lawyer - that is a lawyer's letter promising to pay the medical fees out of the ultimate verdict or settlement of the case.

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