Call Us Now! Toll-free 1-800-776-4529

Proving Your Injury In a Maryland Lawsuit

Back to articles

Posted On 07.20.16 by in Blog

Whether you have been injured in a car accident, a slip-and-fall, or another type of personal injury accident, proving your medical injuries is basically done the same way. For most injuries, proof must be made through medical providers. In some cases this must be done by having the medical providers testify at trial. In other cases this can be done by submitting medical reports and bills directly to the court. Here’s how it works:

Types of Medical Evidence Necessary

When an accident victim receives medical treatment, the provider typically generates medical records and medical expenses. At trial, the lawyers should prove a few things to the judge or jury:

  • A description of the medical treatment
  • The medical diagnosis/prognosis
  • The fact that the medical problems were caused by the accident
  • The medical treatment was necessary
  • The medical expenses were fair and reasonable
  • Proving medical injuries through rule 10-104

 

In “smaller” cases ($30,000 or less total damages) that are typically filed in the District Court, medical testimony is usually presented to the court without expert testimony. Instead, the courts allow auto accident victims to present their medical records and expenses through rule § 10-104 contained in Courts & Judicial Proceedings (part of the Maryland Code). Importantly, the defendant in a 10-104 case must be given at least 60 days’ notice of the victim’s intent to use this method and a copy of the relevant medical records and bills.

Using the 10-104 method is typically ideal in bench trials, where a judge is hearing the evidence. They can also be used in jury trials where the victim claims $30,000 or less, though it is going to be tougher for a jury to decipher the medical records. Judges see hundreds of automobile accident cases, and they are typically well-equipped to read and understand them.

Proving Medical Injuries With A Doctor’s Testimony

In Circuit Court cases, and where the cases have a value over $30,000, medical testimony is usually provided directly through a doctor or other medical provider. Because doctors are so busy (and expensive to get to trial), this is sometimes accomplished by taking the doctor’s testimony days or weeks before trial, recording it, and playing it in front of the jury at trial. The doctors, especially if they directly treated the accident victim, can give the jury a good description of what happened and what the victim’s condition is. The main advantage testimony has over medical records is that a doctor can describe the injuries and diagnosis in layman’s terms.

Contact Us

If you have questions after a personal injury accident in Maryland or West Virginia, contact us today at 1-800-776-4529. We have years of experience working with your physicians and other experts to prove your injuries and get the best settlement or verdict possible.

Related Articles

I Was Injured at Work, What’s Next?

People get injured at work all of the time. Jobs in some industries such as construction pose a greater risk of injury to their employees. But accidents and injuries can...

Read Article

How Much Do Workers’ Comp Attorneys Charge?

It isn’t unusual for people who are hurt on the job to try and handle the workers’ compensation process without legal help. They believe the process is a simple...

Read Article
trust trust trust trust