Accident Reconstruction is essential for establishing causation and liability in wrongful death claims. Similar to integrating medical records, however, integration of accident reconstruction does not look traditional. This article addresses how United States law firms may increase the magnitude of their cases by using medical record review services.
Understanding Accident Reconstruction
What is Accident Reconstruction?
• Scope: Accident reconstruction is the process of analysing details of vehicle crashes using various scientific methods in order to determine how and why the vehicle collision occurred.
• Intent: It seeks, within the framework of wrongful death claims, to contextualize the central event of the claim.
Types of Accident Reconstruction
• Determination of The Cause: Includes the analysis of the crash site for the presence of any skid marks, debris, or damaged vehicles.
• Information Gathering: Involves the use of crash data recorders for important measures such as the vehicle’s speed, application of brakes, and other actions taken by the operator of the vehicle.
• 3D Animation: Virtual representations of the accident scene are created using sophisticated tools.
The Importance of Medical Records Review
What is Medical Records Review?
• Definition: Review of medical files within relation to the health of the deceased and other treatment received before the accident.
• Purpose: Determine the level of injuries and the treatment provided, as well as how the accident affected the health of the victim.
How Medical Records Review Supports Accident Reconstruction
• Causation of Death: Assists in establishing the connection between the injuries from the accident and the death.
• Injuries in Chief: Medical practitioners are in a better position to explain the injuries and their significance in the case.
• Medicine in evidence: Integrating medical information and accident reconstruction is pertinent in building a case.
Key Components of a Strong Wrongful Death Case
Establishing Negligence
• Duty of Care: Showing that the defendant owes the victim a duty of care.
• Breach of Duty: Failing to perform an action which a reasonable person would do under the same situation.
• Causation: Link or a chain of events from the breach to the fatal accident.
The Role of Forensic Evidence
• Negligence: In claiming for mortality occurrence from an accident, medical evidence is important.
• Health Records: Important for providing background information about the victim’s health status and the aftermath of the accident.
Current Trends in Accident Reconstruction and Medical Records Review
Advances in Technology
• Elaboration: Specialized computer software converts raw data into useful interpretations using information from on board crash data recorders.
• Presentation in Court: 3D Model Reconstruction of accidents enhances the presentation of complex information in court.
Legal Standards and Regulations
- Updated Guidelines: Legal standards for accident reconstruction and medical records review are evolving, requiring attorneys to stay informed.
Case Studies
Case Study 1: Fatal Car Accident
• Summary: A family lost a member in the fatal car accident involving a distracted driver.
• Challenges: Proving the negligence of the driver when the witnesses do not agree with each other.
• Solutions: Medical reconstruction shed light on the predisposing factors that the victim had and accident reconstruction confirmed that there was clear evidence of distractibility in the driver.
Case Study 2: Truck Collision
• Summary: After a commercial truck hit the passenger car, a claim against the truck company for wrongful death was made.
• Challenges: Fatigue of the truck driver and how it attributes to the accident is the primary focus of contention.
• Solution: The medical treatment record of the victim correlates well with the injuries suffered from the classical mechanics of the accident and Lawyer presents bears evidence that the truck driver had good distance to stop before crashing into the car.
Conclusion
In the integration of the disciplines of law and medicine, the reviewing of medical records plays an equally important role in the reconstruction of an accident as not to lose the true essence of a claim. This enables lawyers to prepare their cases and prove causation and liability effectively. With time, the technology and the law change, and so do the techniques required to achieve the utmost justice for the victims and their relatives.