Personal Injury Claims Turn on Medical Evidence

01 Dec 2011

Medical Evidence is key when determining the value of any personal injury claim. It is imperative that the right medical expert is asked to report on your injuries.

Your solicitor will select the most appropriate medical expert from the relevant discipline (e.g. an orthopaedic expert to assess a fracture, or an opthalmologist to assess an eye injury). The expert should be provided with copies of all your relevant medical records and scans. They will then examine and assess you before preparing a detailed report which can then be used as medical evidence in your case. The value of your claim will be determined by the medical evidence obtained on your behalf.

A medical expert will typically be asked to comment on the following:

  • Any relevant pre-existing conditions;
  • Details of injuries sustained as a result of the accident;
  • Details treatment received;
  • An assessment of the impact of your injuries and ongoing symptoms upon your daily living;
  • Future prognosis.

In cases involving severe, multiple injuries several different experts from varying disciplines are likely to be required to advise. In other cases where there is only one injury, one expert may suffice.

    Frances Gillett of Trethowans LLP says "When selecting a Legal Advisor to conduct your personal injury claim, it is imperative that you choose someone with the appropriate experience to ensure that a suitable expert (or experts) will be instructed to advise in your claim so that you receive the right compensation".