Using your medical records in support of your claim


Some people are not convinced that they would be able to get compensation for the injuries that they sustained as a result of somebody else’s negligence. However, if they spoke to a specialist solicitor, they would say there is a chance of winning their case provided there is enough evidence to prove that the accident was somebody else’s fault.

In order to have a strong case for compensation, you will need to have visited a doctor or gone to the hospital about your injuries. When you have been involved in an accident that wasn’t your fault, you can suffer both physical and emotional injuries. Some injuries may result you in being hospitalised, seeking treatment from a medical professional and having to take various medication.

Medical records are very important when it comes to claiming compensation and they are a good way of proving what happened to you during the accident. Your doctor may also have told you not to work and as a result you have lost out on wages which in turn has resulted in you and your family struggling for money. All of this will be taken into consideration when it comes to deciding how much compensation you shall receive.

When you put in a claim for compensation for injuries you have sustained as result of an accident, you will be required to prove your medical conditions. This is usually done through undertaking a medical with a specialist doctor who is well versed in dealing with issues surrounding slips and trips, car accidents or criminal injury, for example.

The solicitor that you hired to represent you in your case for compensation will arrange this on your behalf. Your solicitor will ask request your medical notes from your doctor and enquire about any hospital visits you might have had. It is worth keeping a record of any of this yourself so that you know exactly when you went and what you went for.

Keeping records of every aspect of your accident, whether it was a slip or trip in the street, a whiplash injury or a dental negligence claim, is vitally important. Not only will it strengthen your case for compensation, it could also help to determine how much money you are going to get in compensation.

Largely, the amount of money you receive depends upon the severity and seriousness of your injuries. By having your injuries fully documented, it makes life a lot easier for your solicitor to work out an agreement when it comes to compensation. Your medical records will also be used to make sure that you aren’t putting in a false claim for compensation.

Having a good solid medical record will help you to achieve the settlement that you are looking for. Documenting everything that has happened to you as a result of your accident would be very beneficial to your case. Your no win no fee solicitor will be able to advise you about what you will and won’t need for your compensation claim. You need to be open and honest with them in order to make sure that your case will be successful.

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  1. My husband was involved in a car accident. The other driver accepted liability. My husband sustained injuries which only became apparent a few weeks after the accident. He ended up in hospital and off work for a few months. He is refusing to sign for the release of his medical records. I don’t understand why as he had been fit and well for the last 22 years that I have known him. I think he is concerned about 3rd parties seeing his medical history. Friends & family have told him it is OK. What can be done to assure him it is OK. He is entitled to compensation and needs to co operate to get it.

    • There is no reason for your Husband to have any concerns about disclosing his medical records to his Solicitor. The only elements of relevance within his medical history will be any previous medical treatments for injuries that form any part of his claim. For example, if your Husband injured his back in the accident, his medical records could show that he had a previous episode of back pain 10 years previously. If this were the case, the defendant insurer would be within their rights to query whether the previous ‘injury’ or issue was linked to the new one and needed to be considered when settling the claim.

      His medical records will not be made available for public view – only by the two sides who are being represented in his claim.

      Without release of his medical records, he will receive some compensation but the value of his settlement is likely to be far, far lower than it should be if his medical records were made available to support his claim.

    • When someone claims compensation for an injury caused in an accident, the defendants will pay compensation if they admit liability. In order to ensure that they are not paying compensation for pre-exisiting injuries or long term health conditions, the defendant will wish to have sight of medical history to confirm whether or not the claimant has previously sought medical attention for the injury that they claim was caused in the accident.

  2. Can my solicitor use my original injury medical report after 3/4 as the claim is due to go to court soon . Solicitor asking me to provide a new medical, but why can’t they use the same medical records when I was injured at work. To me it makes sense to use the original as that tells the court what my injuries was and my operations I had .

    • It is always sensible to act on the advice of your Solicitor as they are duty bound to act in your best interests. The new medical report may well be needed to demonstrate that the injuries have not healed and prove how they are continuing to impact on you.

  3. Hi I made a claim to cica over a year and half ago & the claim still hasn’t been finalised due to the doctors which saw my daughter not filling in some simple paperwork.
    I have been passed from pillar to post litrally. Nobody seems able to fill it in so the claim lays dormant.
    My daughter was sexually assaulted she was 15yrs old, he pleaded guilty & was consequently punished.
    My daughter is now 18 & we’re still fighting for this.
    She was seen by the child & family unit whom appointed Tia a community physcritric nurse, which she saw on a weekly basis for over 2years
    She attended an anxiety group for 6 weeks in the summer holidays whilst other children did normal things. The list is endless but I can’t get them to fill in the paperwork surely this is illegal in its self. Im so frustrated because I litterally do not know who to call next!!

    • Have the CICA offered any assistance with regards to obtaining the information needed?

      Do you have a specialist Solicitor acting for you in this matter?

  4. I had slip and fall at work injured my neck, they accepted liability but I must wait for causation, how far back do medical experts Look back in medical records.

    • If you have any relevant issues regarding problems with your neck, that could be seen as relevant and may be called in to question. However, if you have lived years symptom free with no medical intervention, you probably won’t have any concerns.

    • Yes! We can help you to make a claim for compensation with our specialist Solicitors who could use the MIB uninsured driver scheme. This would be a No Win No Fee claim and if successful would enable you to recover compensation for your injuries and any lost income.

      If you would like to take this further, please use our ‘start a claim’ page or call in on 01225430285.

  5. I have being involved in car accident where I sustained injury to 5 body parts, the third party has accepted fault for the accident as the police report found the driver guilty of careless driving. I attended a medical report examination and the Doctor confirmed that the injury was caused by the accident. My question is how long until I get a first offer for compensation as the accident happened over a year ago, and my solicitor doesn’t contact me often on the progress of the claim, I have to keep asking for answers. Would I be able to change solicitor or I should stick with with them.

    • You are free to switch Solicitors, but it should be a last resort. In the first instance, you should inform your current Solicitor if you are not happy with their service and give them an opportunity to satisfy your concerns and process your claim. If they are unable to do that, you can then seek to switch your claim to a new Solicitor and you could contact us for help with that.

      Regarding the medical report and how long you should expect to wait until you receive an offer you need to understand the claims process. When your Solicitor receives the experts medical report, they will then send you a copy to read through and agree or disagree with. Once you are happy with the contents, your Solicitor will disclose the report to the defendant and seek Counsels opinion as to the appropriate settlement value for your claim and they will then await the first offer from the defendant. This is usually somewhere between 6-10 weeks after the medical assessment although it can be quicker.

  6. I have been signed off work for anxiety and depression. This is after i was involved in an investigation of a supervisor who was subsequently fired for misconduct. For the last ten months since then i have been consistently bullied by several of his friends. I no longer feel i can return to work and wish to make a claim of some kind. My concern is that i had an episode of depression around 15 years ago. Will this be detrimental to making a claim.
    Thank you in advance for any advice

    • With regards to any pre-existing condition, if the ‘injury’ being claimed for is at all relevant to a previous episode or injury then it will be taken in to account in the claim. However, that should not concern you too much as your medical records would show that you had been living well without any treatment for or episodes of depression in the preceeding 15 years.

      It sounds as if you need to speak to an employment law Solicitor urgently regarding t he harassment and bullying you feel you have suffered at work.

  7. I has an injury after an incident at work. I got burned to the hands due to faulty electrics. I think that the insurers have denied liability and now await my medical records. I am not sure if my claim is strong enough. I went to A&E for medical help and was given good treatment for my injuries with dressings and medicines. Do you think I can get any compensation and win my claim?

    • If the electrics at your work were faulty or live circuits were exposed so that you were caused to come in to contact with a live 240 volt circuit, your employer has been negligent and as such, our initial view of this is that you would have a valid claim for accident at work compensation.

      In order for us to give a more definitive opinion on the strength of any possible claim for accident at work compensation, it would help us greatly if you could explain how you came in to contact with the live electricity and how you came to to suffer the burns to your hands. We would then be able to give a view to confirm our initial view.

      Aside from this, you must ensure that the details of your accident have been properly reported and recorded with your employer. You may also wish to consider whether or not the details of your accident at work require a RIDDOR report.

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