Millions of Americans are injured every year in the U.S. in a variety of ways, including accidents occurring at work, during recreational activities and, especially, on the nation’s roads and highways. Many of these accidents culminate in personal injury cases that are adjudicated in civil court proceedings for the purpose of obtaining compensation. However, it is important to understand the legal aspects of a personal injury in order to determine whether it constitutes a valid case.
Defining a Personal Injury
Legally speaking, a personal injury can refer to either physical or emotional harm to an individual that resulted from the actions of someone else. There are certain elements to a case of personal injury that must be satisfied before any legal action can be initiated. The person filing the case must prove that the defendant had a responsibility to prevent the accident and failed to fulfill this obligation. There must also be proof that the inflicted injury can be compensated. A person who suffers a mishap that results in no provable injury would not have a valid case in court.
Establishing the Cause of an Injury
Establishing the cause of a personal injury will frequently require an independent medical examination. Even if the case is found to be legally valid, an examination will be important in determining what type of treatment will be needed and its anticipated cost, and can even help determine if and when the patient can return to a full level of productivity.
The Role of a Medical Consultant
According to a medical legal consultant in Jackson, one of the most important aspects of any personal injury case is proving how the actions of the defendant led to the injury suffered by the victim. It is here that a medical consultant who has an understanding of the law can be invaluable. A consultant may be employed at the request of attorneys representing either side in a personal injury case or the insurance company that is the center of the legal action. Independent medical analysis may also be requested in cases where individuals have filed a claim for workers’ compensation.
The Importance of Seeking a Medical Consultation
An independent medical consultant will thoroughly review the case to determine the causal relationship between the accident and the injury. This study will include a review of medical imaging reports and of the patient’s symptoms and medical history. The services of a medical legal consultant can help assure the fairest possible outcome for the parties involved in a personal injury case.
This article is from Savannah Coulsen, a freelance writer. She lives in Long Beach. Savannah loves to read and write and she hopes to write a novel someday. Savannah also loves learning and is a self-proclaimed health guru.