Gardberg & Kemmerly, P.C. Attorneys at Law

Your Doctor is Your Best Witness


You lawyer helps provide invaluable advice about your potential legal claim from the first through final meetings. You personal injury lawyer will educate you about the law, frame your claim as it is presented to the adjuster and, if your claim cannot be resolved before filing suit through negotiations, you lawyer is the one who guides you and your claim through the litigation process.

However, your lawyer is constrained by the individual facts of your personal injury claim. This includes the facts giving rise to the accident, the defendant’s negligence, and, most importantly, the information contained in your medical records.

The information contained in the medical records kept by your treating physicians will be used to show the amount of damage you have sustained as the result of a negligent party. In addition, the medical records are heavily relied upon by the insurance adjuster when evaluating your claim. Therefore, it is in your best interest to receive proper treatment from your treating physicians.

An experienced attorney can help advise individual problems that vary from case to case as it relates to proper treatment during your recovery. However, it is always important to remember some key details throughout your recovery period to protect your legal claim:

1) Be open and honest to your doctor at all times.

Let your doctor know of all your aches and pains that are associated with the accident. Your doctor is in a better position to decide if a certain condition may or may not be related to the accident. By being fully open with your doctor, your doctor will be better at treating you and getting you back to the condition you were in prior to the accident.

2) If you have a question, ask it!

Your doctor should have your best interests in mind at all times. However, if you have a question, whether it is about a symptom or about a procedure, never feel intimidated to ask your doctor immediately. Your legal claim is secondary when it comes to your health. If you are still in pain, even after taking medication prescribed by your doctor, let them know it. Getting better is in everyone’s best interest.

3) Keep your legal options to yourself

Although the work done by lawyers and doctors will often overlap on personal injury matters, it is important to note that your right to bring a legal claim is your own decision. Do not allow a doctor or their staff to pressure you into providing details of your legal claim. Focus your treatment on only your symptoms and not on what may or may not impact your legal claim.

Following these guidelines will help not only your physical well-being but also your claim as it progresses through the legal processes.

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