10 Steps to Use Records for Bodily Injury Litigation Winning Results
By
Kevin Plankey
·
January 29, 2025
Bodily injury litigation often hinges on the strength of the medical records and supporting documentation. These records serve as the foundation for establishing liability, proving damages, and negotiating settlements. To maximize your chances of success, follow these 10 essential steps to leverage records effectively in your bodily injury cases.
1. Start With a Comprehensive Records Request
The first step is gathering all relevant medical records, including:
- Emergency room visits
- Diagnostic imaging
- Treatment records
- Follow-up care
- Rehabilitation notes
Ensure your request includes detailed information, such as dates of service and specific providers, to avoid delays.
2. Organize Records Chronologically
Chronological organization provides a clear timeline of the injury, treatments, and recovery process. This timeline helps establish causation and assess the impact of the injury on the plaintiff’s life.
3. Highlight Key Providers and Treatments
Identify the healthcare providers and treatments most critical to your case. This focus allows you to:
- Prioritize important records
- Pinpoint expert witnesses
- Understand the progression of the injury
4. Use Technology to Enhance Record Management
Leverage tools like Quintessence™ to automatically sort and bookmark records by date, provider, diagnosis, and more. This saves time and ensures no critical detail is overlooked.
5. Analyze Diagnostic Imaging and Test Results
X-rays, MRIs, CT scans, and lab results provide objective evidence of injuries. Work with medical experts to interpret these results and relate them to the plaintiff’s claims.
6. Correlate Medical Records With the Plaintiff’s Narrative
Match the medical documentation to the plaintiff’s account of the incident and its aftermath. Consistency between the two strengthens credibility and provides a compelling story for the court or negotiations.
7. Identify Gaps or Inconsistencies
Scrutinize the records for missing information or discrepancies. Address these gaps early by:
- Requesting additional records
- Consulting medical experts for clarification
8. Assess Long-Term Impact
Determine the extent of future medical needs and associated costs. Records related to ongoing treatments, therapy, and potential surgeries are critical for calculating damages.
9. Prepare for Expert Testimony
Medical experts play a crucial role in bodily injury cases. Use records to:
- Identify the right experts for your case
- Provide them with a comprehensive medical history
- Support their testimony with documented evidence
10. Create a Persuasive Presentation
Use records to build compelling visual aids, such as timelines, charts, and summaries. These tools help:
- Simplify complex medical information for judges and juries
- Emphasize critical points in settlement discussions
Conclusion
Medical records are the backbone of any bodily injury case. By following these 10 steps, you can effectively leverage records to build a strong, credible case that maximizes litigation outcomes. With the right organization, analysis, and presentation, you’ll be well-positioned to secure justice for your clients.
Learn more about how Compex Legal Services can assist you with leveraging technology for all your record retrieval, medical record summarization, medical record insights, deposition reporting, and IME needs.