What Role Do Medical Records Play in Personal Injury Cases in Montgomery County?

There are many forms of evidence that can be used to pursue a personal injury case. Of them, it’s hard to overstate the value of detailed medical records. They provide in-depth descriptions of the injuries sustained, how the injuries likely happened, and what both the short-term and long-term implications will be.

Medical records can detail what future treatments may be necessary, and that can help determine what future costs are involved in either helping the victim completely recover or adapt to new life circumstances (such as being permanently disabled). Those future treatments could include anything from additional surgery to physical and occupational therapy to mental health treatments.

Diagnostic tests are especially vital. They can highlight injuries sustained internally that may not appear on the surface. This may include tests such as X-rays, MRIs, or CT scans, which can spotlight damage to the brain or spinal cord, common injuries in cases involving car accidents. 

It’s crucial to see a doctor immediately after being involved in an accident, even if you don’t think you’re injured at all or just slightly injured. There are two primary reasons for this.

  • Undetected injuries. There are injuries, including severe ones, that don’t always present symptoms right away. Left undiagnosed and untreated, they can worsen and even become life-threatening.
  • Denied claims. When someone doesn’t see a doctor right away and tries to file claims later, the defendant (person or entity being sued for damages) could try to claim that whatever injury exists happened in a different situation since the victim didn’t file claims right away.  

What Is Texas’ Comparative Negligence Law, and How Could it Affect My Case?

Often, people think an accident happens due to one person’s negligence. In reality, many accidents have multiple causes. For example, someone who’s driving under the influence of alcohol (DUI) hits a car driven by someone running a red light who is injured by the crash. Both have some fault for the accident. Every state has a set of laws that addresses how to allot the blame when determining damages through one of three types of comparative negligence laws.

  • Contributory negligence. Only a few states use this. It states that if the victim is found even 1% at fault, they lose the right to file for damages.
  • Pure comparative negligence. This is essentially the opposite of contributory negligence in that even if the victim is found 99% at fault, they can still file for and receive 1% of any damages awarded to them.
  • Modified comparative negligence. This finds that if the victim is roughly half responsible for the accident (the actual percentage varies by state), they can’t file for damages. If they’re less than half responsible, they can receive damages minus the percentage of their fault. 

Like most of the U.S., Texas is a modified comparative negligence state. The percentage of fault that disqualifies a victim from receiving damages in Texas is 51%. They could receive partial damages if they’re found 50% or less at fault. In the example above, if the victim is found 30% at fault and is awarded $20,000, they’d receive $14,000 instead.

This is one reason it’s highly advisable to work with an experienced personal injury attorney. The other side is going to work hard to shift as much blame as possible onto the victim to avoid paying damages. 

How Is Negligence Proven in Personal Injury Cases in Texas?

Negligence is the critical factor in personal injury cases. It finds that someone was negligent in such a way that it caused injury to someone else. In Texas, there are four aspects of negligence, all of which must be proven to have a successful case.

  • Duty of care. In the example above, both drivers owed care when driving to others on the road.
  • Breach of the duty of care. The driver who was DUI breached the duty of care by drinking and driving.
  • Causation. Because one driver was DUI, they caused an accident that led to the victim’s injuries. If they hadn’t been driving drunk, the accident probably wouldn’t have happened. This can be the most difficult to prove.
  • Damages. Because of the drunk driver, the victim sustained injuries that led to financial losses. This includes current and future medical bills and lost wages (if applicable).

Medical records are a vital part of proving both causation and damages. 

What Should I Do if I Was Injured in an Accident and Want to File for Damages?

Call Morgan Bourque Attorney at Law as soon as possible at 713-766-3733 to schedule a no obligation case evaluation. Personal injury cases can be highly complex. We can review the specifics of your case, including your medical records, and advise you as to what may be the right approach to achieve the best possible outcomes.

One thing you shouldn’t do: Talk to the attorneys or insurance representatives from the party you’re filing claims against. Because of Texas’ comparative negligence law, they’ll try to get you to say something implying you accept most or all of the fault for the accident so they won’t have to pay out. They may try to convince you to sign an agreement for a lower settlement than you might otherwise be eligible for. Don’t respond to communications in any form from them. Forward them to your attorney instead.