Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under West Virginia law, chiropractic treatment records can play a key role in proving causation and damages in a personal injury claim. Courts admit such records under the business‐records exception to the hearsay rule. To qualify, you must show that:
- The records were made at or near the time of treatment by someone with knowledge.
- They were kept in the regular course of the chiropractor’s business.
- It was the chiropractor’s regular practice to record such information.
You can authenticate chiropractic records by obtaining a certification or affidavit from the custodian of records. West Virginia Rule of Evidence 803(6) governs this exception (WVRE 803(6)).
Chiropractic notes, X-rays, treatment plans, progress charts and billing statements can establish:
- Injury causation: Date, nature and severity of spine or soft tissue injuries.
- Treatment necessity: The medical need for chiropractic care after an accident.
- Extent of damages: Number of sessions, cost of treatment and ongoing care needs.
To calculate damages, combine chiropractic bills with other medical expenses. Remember West Virginia’s two-year statute of limitations for personal injury actions. You must file your lawsuit within two years of the date of injury (W. Va. Code § 55-2-12).
In some cases, the defense may challenge records as incomplete or biased. You can counter this by:
- Securing a chiropractor’s deposition or trial testimony.
- Obtaining expert affidavits to explain technical entries.
- Maintaining a clear chain of custody for X-rays and digital images.
Helpful Hints
- Ask for certified copies of all chiropractic notes and bills.
- Review treatment records for consistency in dates and findings.
- Keep originals safe; provide only copies to opposing counsel.
- Work with an attorney to prepare a records custodian affidavit.
- Check whether your chiropractor must register under the West Virginia Board of Chiropractic Examiners (W. Va. Code § 30-3A).
- Consider getting an independent medical examination to corroborate chiropractic findings.