Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In Alabama personal injury claims, medical records—especially from emergency and chiropractic treatment—play a vital role in proving your case. These documents can establish injury severity, causation, and ongoing damages. Below is a step-by-step guide to using these records effectively.
1. Establish a Clear Treatment Timeline
Begin by collecting all records from the emergency room where you initially sought care. Emergency reports typically document your symptoms, vital signs, imaging results (X-rays, CT scans), and the treating physician’s initial diagnosis. Next, gather chiropractic records showing follow-up visits, adjustments, diagnostic tests (e.g., spinal X-rays, range‐of‐motion assessments), and treatment plans. A continuous timeline demonstrates that you sought medical attention promptly and consistently, which supports both causation and credibility.
2. Authenticate Records Under Alabama Evidence Rules
Under the business records exception (Alabama Rule of Evidence 803(6)), medical records are admissible if they were made in the regular course of business at or near the time of treatment by someone with knowledge. To satisfy this rule:
- Obtain a certified copy directly from the hospital or chiropractic office.
- Request a custodian of records affidavit or testimony confirming the records’ authenticity and routine creation.
- Ensure the document chain of custody is clear—note dates when you requested and received records.
For more on the business records exception, see Alabama Rule of Evidence 803(6) (PDF): https://www.alabamaadministrativecode.state.al.us/docs/civ/AlaAdminCivEv.pdf.
3. Align Records with Key Legal Elements
A successful personal injury claim requires proof of (1) duty, (2) breach, (3) causation, and (4) damages. Use your medical records to:
- Show causation: Correlate the accident description in your emergency report with your diagnosed injuries.
- Detail injury severity: Highlight imaging and clinical notes showing fractures, soft-tissue damage, or spinal misalignments.
- Prove ongoing care: Demonstrate the need for chiropractic adjustments, physical therapy referrals, or recommended future treatments.
- Document expenses: Summarize bills for emergency care, chiropractic visits, diagnostic tests, and related out-of-pocket costs.
4. Prepare for Expert Opinion
Chiropractors can serve as treating providers and, in some cases, as expert witnesses on spinal injuries. To strengthen this aspect:
- Obtain a written opinion from your chiropractor explaining the nature of your injuries, treatment plan, and prognosis.
- Request a “narrative report” that ties your condition directly to the accident’s forces.
- Ensure the opinion addresses permanency and long-term impairment to quantify damages.
5. Watch the Deadline
Alabama imposes a two-year statute of limitations on personal injury claims (Ala. Code § 6-2-38). Missing this deadline usually bars your lawsuit. Although this is a statute rather than an evidence rule, knowing the deadline ensures you gather and submit medical records promptly.
Helpful Hints
- Order Early: Hospitals and clinics often take weeks to fulfill records requests. Start immediately after your accident.
- Review for Accuracy: Check each record for errors in your name, dates, or descriptions and ask for corrections if needed.
- Keep Originals: Retain copies of your bills, invoices, and payment receipts; these support claims for economic damages.
- Organize Chronologically: Present records in date order—beginning with the emergency visit—to make your narrative clear to adjusters or a jury.
- Maintain a Log: Track all conversations and correspondence with providers when requesting records or opinions.
- Consult an Attorney: Even before filing, an attorney can advise on additional diagnostic tests or specialist reports to bolster your claim.