An insurance company needs to trust the claimant. Thus, it becomes the claimant’s job to offer proof of any claim. Otherwise, the insurance company could suspect the use of exaggeration, in the hopes of obtaining a larger settlement.

The ways to document a claim

Smart claimants work with their treating physician, so that the claimant’s medical record contains the necessary information. That should include a detailed course of treatment for the accident victim/claimant. By the same token, the treating physician needs to remain alert to the emergence of any new symptoms. Observations that suggest the appearance of such symptoms ought to be included in the claimant’s medical report.

A journal or diary that was created by the claimant/plaintiff could also serve as a useful document. In addition, smart claimants/plaintiffs share with their doctor any plans to attempt an action that had been impossible. By speaking with the doctor, the patient can better guarantee mention of his or her plans in the medical report.

The ways to substantiate a claim

Experienced Personal Injury Lawyer in Richmond Hill use expert witnesses to substantiate a client’s claims. For instance, a medical expert could explain how a given client’s injury displays the typical symptoms for an injury that has been caused by the accident-on-record. Suppose a client had a soft tissue injury in the knee. A medical expert could explain how a passenger in the front seat does tend to hit his or her knee on the dashboard, at the time of an accident. In other words, the expert would substantiate the client’s claim.

A second way to substantiate a claim involves the presentation of facts from a similar case. For instance, if an elderly patient that is recovering from a broken thighbone struggles to resume walking, the patient’s lawyer would need to search for discussions of recovery times among other older patients with a similar problem.

Ideally, the client’s lawyer could find mention of such situations. On the other hand, it could be that the client’s family and friends had failed to encourage the sort of progress that had been shown by other patients. Then the desired substantiation would be lacking.

No lawyer can find a case that runs counter to the doctor’s typical approach to a given case, such as the one that has affected the attorney’s client. Friends and family ought to keep that fact in mind, when working with any group of doctors. Lawyers cannot substantiate the existence of a medical practice that has been abandoned. The absence of any substantiating testimony could lead to a reduction in the size of the compensation that gets awarded to the patient. Mitigation of injuries does not require coddling those patients that have been injured in an accident.

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