Medical Examinations As Part Of Personal Injury Compensation Claims
2nd July 2013
Our clients frequently wonder what will happen when they go through a medical examination as part of a personal injury compensation claim. While the exact details of the examination will depend on the form of the injury and the type of compensation claim the claimant is pursuing, there are a few standard practices that occur in all cases.
1.What caused the accident?
The first thing the medical examiner will want to know is the circumstances of the accident. Although they will not need a huge amount of information, they will want to know what kind of accident it was and which body parts were affected. This can help them to decide which problems to look for and which personal injuries the victim may have overlooked.
2.What are the personal injuries?
People should already have a good idea of what personal injuries they sustained in an accident when they begin claiming for compensation. Claimants should be honest, and should tell the examiner about every injury, no matter how small, but must not exaggerate or lie. If a person forgets to mention a particular injury, they may be unable to claim compensation for it.
The examiner may want to inspect the claimant’s body or check out the extent of their injuries. They may also wish to send the patient for tests, such as X-rays and CAT scans, depending on the type of injury they are complaining about.
3.The examiner will need to link the accident to the injuries
Usually, this is relatively straightforward, and if the claimant has been honest, a skilled medical examiner will have no problems connecting the injuries to the accident. If a person is to succeed in a personal injury compensation claim, they must be able to show that the accident caused the injuries.
Usually, the examiner will have access to the claimant’s medical records, which is vital in determining causation.
4.What is the prognosis?
The examiner will then tell the claimant the prognosis of their injury, allowing them to know how long it will take them to recover and what costs they will face. This information is used to calculate the value of the compensation claim.
If the examiner agrees that personal injuries were caused by an accident that was not the claimant’s fault, this indicates that they will be likely to succeed in their compensation claim. Personal injury solicitors can help people find examiners and build a claim for compensation.
People should feel free to talk about their personal injuries and ask any questions that they have. Doctors can frequently estimate how long it will take for a person to recover from their injuries
It will usually take up to four weeks for your personal injury solicitors to receive the report from the medical examiner.
When should I have my personal injury medical examination?
When you sustain a personal injury, you should have a medical examination as quickly as possible. This ensures that you do not exacerbate your condition and that you receive professional medical guidance when you need it most.
Receiving prompt medical attention also demonstrates that you are taking care of your own health and ensures that the defendant cannot claim that your injury was worsened by your own negligence. It will also help your personal injury solicitors to determine whether or not your personal injuries were caused by the accident you are claiming for, and allows them to determine the full extent of your injuries.
It may be impossible for medical examiners to fully understand the extent of your injuries if you have fully recovered. This may impact the overall value of your compensation claim – while you may be able to claim for special damages such as lost wages, you might find it difficult to receive compensation for your pain and suffering.
As a result, if you have already recovered from your injuries, or if the accident was a long time ago and you failed to receive a full medical examination, you may still be able to claim compensation. This will depend on factors including the length of time that has passed since you sustained the injury, your reasons for not seeking medical attention and the severity of your injury. A skilled and experienced personal injury solicitor will be able to advise you about whether or not you can claim compensation.
If you have any questions, feel free to ask for advice from your solicitors. They will guide you through the process of claiming compensation and ensure you are completely confident about your case.