When pursuing a personal injury claim, claimants often have questions about medical assessments. Why are they necessary? Who arranges them? And importantly, who pays for them? Here we will address these questions and explain the vital role medical assessments play in securing fair compensation for your injuries.
The Importance of Medical Evidence in Personal Injury Claims
In order to prove how much compensation should be due, claimants need to provide medical evidence to support their claim.
Proving Your Case
To succeed in a personal injury claim, you need to prove two key elements:
- Liability: That someone else was responsible for your injury
- Quantum: The extent of your injuries and their impact on your life
Medical evidence is crucial for establishing quantum. It provides an objective, professional assessment of:
- The nature and severity of your injuries
- Your prognosis and expected recovery time
- Any long-term or permanent effects
- Required treatments and rehabilitation
Valuing Your Claim
Medical evidence forms the foundation for calculating your compensation. It helps determine:
- General damages: Compensation for pain, suffering, and loss of amenity
- Special damages: Financial losses and expenses related to your injury
Without robust medical evidence, it’s challenging to accurately value your claim and negotiate a fair settlement. With this in mind, your solicitor will want to view your medical records relevant to the treatment you have had for your injury.
The Medical Assessment Process
Accessing Medical Records
Your solicitor will typically request access to your relevant medical records. This includes:
- GP records
- Hospital records
- Treatment notes from physiotherapists or other specialists
These records provide a history of your injury and treatment, which informs the medical expert’s assessment.
Arranging the Medical Examination
Your solicitor will arrange for you to be examined by an independent medical expert. This expert is usually:
- A consultant in the relevant medical field
- Experienced in providing medico-legal reports
- Independent from both your treating doctors and the defendant
The Examination
During the examination, the medical expert will:
- Review your medical records
- Discuss your injuries and their impact
- Perform a physical examination if necessary
- Ask about your recovery and any ongoing symptoms
The Medical Report
Following the examination, the expert will produce a detailed report covering:
- The nature and extent of your injuries
- Your prognosis and expected recovery time
- Any recommended treatments or rehabilitation
- The impact of your injuries on your work and daily life
- Any long-term or permanent effects
This report is shared with both your solicitor and the defendant’s representatives.
Who Pays for the Medical Assessment?
Initial Costs
In most cases, your solicitor will arrange and pay for the medical assessment upfront. This cost is considered a ‘disbursement’ – an expense incurred on your behalf as part of pursuing your claim.
Cost Recovery
If your claim is successful, the cost of the medical assessment is typically recovered from the defendant as part of your legal costs. This means you don’t have to pay for it out of your compensation.
Unsuccessful Claims
If your claim is unsuccessful and you have a No Win No Fee agreement, you generally won’t be liable for the cost of the medical assessment. Your solicitor will cover this expense as part of the risk they take on in representing you.
Multiple Assessments
In some cases, particularly for complex injuries, multiple medical assessments may be necessary. These might include:
- Assessments by different specialists for multiple injuries
- Follow-up assessments to monitor your recovery
- Assessments by other experts (e.g., occupational therapists) to evaluate the impact on your life
The same principle applies – your solicitor will typically arrange and initially pay for these, recovering the costs if your claim is successful.
Medical assessments are a vital part of the personal injury claims process. They provide the objective evidence needed to prove the extent of your injuries and secure fair compensation. While the process may seem daunting, remember that these assessments are arranged and typically paid for by your solicitor, ensuring you have the best possible evidence to support your claim.
Frequently Asked Questions
While your doctor’s records are important, an independent assessment is usually required to provide an unbiased evaluation for legal purposes.
In such cases, arrangements can often be made for the medical expert to visit you at home or for a virtual assessment.
Most assessments take between 30 minutes to an hour, but this can vary depending on the complexity of your injuries.
This depends on the nature and complexity of your injuries. Some cases require only one assessment, while others may need several.
Discuss your concerns with your solicitor. In some cases, it may be possible to seek clarification or request a second opinion, although this could incur additional costs.
