There are several documents that can help you effectively enforce a claim for pain and suffering. In addition to pictures of the injury, this also includes a pain diary. The most important document, however, is the doctor’s report.

This is something a personal injury attorney can follow up on your behalf. You should look for the best lawyer in this case. El Dabe Law Firm has the best car accident attorneys Los Angeles to handle your case in this situation.

The burden of presentation and proof of the injured party

Each party has to explain and prove what is of use to the party itself. This means that if you want to make a claim, you must show and prove that the eligibility requirements are met. “Explaining” means that you must first state that all the prerequisites are met. If the other party disputes that one of the conditions is met, you must prove this condition.

After a traffic accident, you would have to be able to prove that you suffered damage to your health and that this can be traced back to the operation of the opposing vehicle. But if the other side denies that you have suffered a health injury, you have to prove it.

The problem: the claimant’s submission (referred to in court as the plaintiff’s submission) is generally not treated as evidence in court but only as an explanation. This also makes sense because you can basically claim anything.

A doctor’s report drawn up after an accident, on the other hand, can be considered evidence. So if the other side doubts the statement that you have suffered a cervical spine distortion, for example, you can substantiate this with a qualified doctor’s report.

What medical reports are there?

Basically, there is confusion as to what a medical report actually is. This is because a doctor’s report is used interchangeably with various pieces of writing created by a doctor. This includes:

●       A short certificate or reference and the certificate of incapacity for work. These are usually pre-printed forms that the doctor only has to fill out and sign.

●       An explicit illness and findings report, with comments on therapy. This is often referred to as a “large medical certificate” and is only issued at the patient’s request.

●       Written expert statement: In the case of a written expert opinion, the patient is examined again. A distinction can be made between simple and more detailed reports, with the doctor appearing as a “scientist.”

●       Doctor’s letter/hospital report: A doctor’s letter is actually a document that is not intended to certify something for you but rather gives the next attending doctor information about what kind of diagnosis was made and what measures were used to heal. These are necessary if it is foreseeable that you will be treated by different doctors.

●       Excerpt from the patient file: Every doctor is obliged to document all treatments and compile them in a patient file. Incidentally, you are entitled to the patient file being made available to you free of charge as an electronic document.

In principle, all of these documents are suitable for proving the damage to health. However, while the doctor’s letter is given directly in most cases, a written expert statement or a large certificate must be requested. You may incur costs here, which usually have to be borne by the opposing party after an accident.

The doctor’s report is almost always required when enforcing claims for compensation for pain and suffering. In some cases, without a medical report, it can be difficult to even receive compensation for pain and suffering. As a rule, in addition to the existing medical report, a supplementary medical report is requested from the insurance company.

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