Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Chiropractic treatment records can play a crucial role in a Wisconsin personal injury claim. They often document your injuries, treatment plan, and recovery progress. To use these records effectively, you must meet Wisconsin’s rules on evidence and establish relevance and authenticity.
1. Establish Relevance
First, show that your chiropractic visits relate directly to the accident or incident at issue. Your chiropractor’s notes, X-rays, and progress reports can link your symptoms to the crash or fall. This helps prove causation and damages.
2. Authenticate Records
Under Wisconsin’s business records exception, a chiropractic record qualifies as admissible evidence if a custodian or qualified witness testifies that:
- The record was made at or near the time of treatment.
- The record was kept in the regular course of business.
- It was the regular practice of that business to make such records.
See Wisc. Stat. § 908.03(6) for the business records hearsay exception.
3. Use Records to Prove Damages
Chiropractic bills and treatment logs document your medical expenses. You can include these as special damages. Progress reports and treatment frequency demonstrate the severity and duration of your injuries.
4. Statute of Limitations
Personal injury claims in Wisconsin must be filed within three years of the date of injury. See Wisc. Stat. § 893.54. Late filings may get dismissed.
Helpful Hints
- Obtain certified copies of your chiropractic records from the provider.
- Ask your chiropractor to prepare a summary or affidavit describing how they keep records.
- Link treatment dates to your accident date in a clear timeline for your attorney.
- Review records for accuracy before submitting them in discovery.
- Keep originals and copies of all bills, X-rays, and progress notes.