If you have been injured in a slip and fall or trip and fall accident, it is important to understand that your medical records may play a significant part in what type of compensation you receive. This is because your medical records are the most significant evidence that links your fall directly to the resulting injuries, damages and losses. Your hospital bills and other direct and indirect expenses relating to your injuries, medical condition and treatment will essentially substantiate your claim for compensation.
While medical records are crucial evidence, they are not the only proof needed to bolster a slip-and-fall or trip-and-fall lawsuit. An experienced New York personal injury lawyer can help determine what other pieces of evidence can strengthen your claim and put you in the best possible position to receive maximum compensation.
Elements to Prove in a Slip- or Trip-and-Fall Case
The burden of proof in a slip-and-fall or trip-and-fall case is largely on the plaintiff (the injured party). Here are the key elements that need to be proven for a successful outcome:
• The defendant owed the plaintiff (victim) a duty of care
• The defendant breached that duty of care by being negligent (careless)
• This breach of duty led to the slip-and-fall or trip-and-fall accident
• The slip-and-fall or trip-and-fall accident caused the plaintiff’s injuries and losses
Again, your medical records offer a direct link between the accident and your injuries. This is also the reason why it is crucial to seek medical care immediately after your slip-and-fall or trip-and-fall accident.
Determining Financial Losses with Your Medical Documentation
If you have a suffered an injury in a slip-and-fall or trip-and-fall accident, you know that it can lead to significant monetary losses in the form of mounting medical expenses and lost wages, especially if you are unable to work for a period of time. In addition, if you have suffered major injuries, you may require ongoing medical treatment and/or rehabilitative therapy. Injuries also result in emotional and psychological issues such as depression and anxiety.
When it comes to determining financial losses, medical records can help frame arguments regarding the existence, cause, type and severity of your injury. They can also help quantify your medical costs based on emergency treatment received, surgery, hospitalization, medication, etc. You can also seek compensation for non-economic damages such as physical pain, emotional trauma and loss of quality of life.
New York State requires all health care practitioners and facilities to allow patients to have access to their health records. However, there are some exceptions under the law and it may become challenging to get all the records you need to substantiate your case. An experienced New York personal injury lawyer can help you get this crucial and necessary information.
Contacting an Experienced Lawyer
If you were involved in a slip-and-fall or a trip-and-fall accident as a result of someone else’s negligence (carelessness), please remember that you have rights. Some of the damages that victims of such accidents can claim include, but are not limited to, medical expenses, loss of wages and benefits, cost of hospitalization, surgery, physical therapy, past and future pain and suffering, permanent injury, etc.
For over 51 years, the experienced New York personal injury attorneys with the Law Offices of Kenneth A. Wilhelm have established a proven track record of helping injured victims. Our skilled attorneys can help you better understand your legal rights and options and will fight hard to recover compensation for you.
Our law firm recovered $1,700,000 for a woman who slipped and fell and received no hospital or medical treatment for one month after the accident. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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