Detailed Answer
Under Utah law, chiropractic treatment records can provide critical evidence in a personal injury claim. They document your injury, treatment plan, and progress. Courts may admit these records under the business-records exception to hearsay if you establish a proper foundation.
1. Admissibility Under the Utah Rules of Evidence
Chiropractic office files qualify as “records of a regularly conducted activity” under Utah Rule of Evidence 803(6). To admit them, you must show:
• The record arises from a regular business practice.
• A qualified custodian or other witness explains how the data entered and maintained the entries.
• The record was made at or near the time of treatment.
See the Utah Rules of Evidence for full text: Rule 803(6) Business Records Exception.
2. Establishing Foundation
To introduce records into evidence, your attorney typically calls a records custodian from the chiropractic office. They will testify about the practice’s record-keeping procedures. Alternatively, some courts accept a certification under Utah Rule of Evidence 902(11). That rule lets you submit a written certification from the custodian instead of live testimony.
3. Using Records to Prove Causation and Damages
Chiropractic notes often describe the nature and severity of pain, range-of-motion tests, and treatment responses. Your attorney can leverage this information to:
- Connect your chiropractic diagnosis to the accident’s impact.
- Show consistency in your reported symptoms.
- Document treatment costs and frequency as economic damages.
4. Statute of Limitations Considerations
Utah sets a four-year limit for personal injury actions. You must file your lawsuit within four years of the date of injury. See Utah Code § 78B-2-304. Keeping accurate chiropractic records helps your lawyer determine filing deadlines and preserve evidence.
Hypothetical Scenario
After a rear-end collision, Jane Doe visited a licensed chiropractor ten days later. The chiropractor’s records show reduced cervical range of motion, daily treatment notes, and X-ray findings. Her attorney used those records to link her neck injury directly to the crash and calculate over $3,000 in reasonable medical expenses.
Helpful Hints
- Ask your chiropractor for full copies of treatment records, X-rays, and billing statements.
- Preserve originals; never mark up or alter them before submission.
- Obtain a records custodian affidavit under Utah Rule of Evidence 902(11) to streamline admissibility.
- Follow your attorney’s instructions on how to submit records to the court.
- Track all medical expenses and travel costs related to chiropractic visits for your damage calculations.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.