The Role That Electronic Records Play In Your Personal Injury Case


When you are injured, your medical records and other forms of electronic data will play a large role in your case. In the past, medical records were largely recorded on paper. However, as hospitals have modernized, they have moved toward digital records. Therefore, the laws pertaining to the admissibility of electronic business records and computer-generated data will be relevant to you and your personal injury lawyer.

Computer-Generated Data

With a motor vehicle crash involving a commercial vehicle, there are several forms of computer-generated data that might be relevant to your case. These include:

  • 911 calls
  • On-board messaging systems
  • Cell phone positioning data
  • Event data recorders
  • Computerized dispatch records

After an accident, these records can be used to prove that the driver was negligent. Electronic records that are generated by a computer are not considered to be "declarant." Therefore, they are admissible in court and can be used to support your version of the events. However, your personal injury lawyer must still prove that the equipment is able to reliably produce data before it can be used in court.

Computer-generated electronic data can assist your personal injury lawyer because the data can be used to prove that the other party was negligent. Being injured is not enough to file a claim with an insurance provider or to initiate a lawsuit. You must also prove that the other party was negligent and that this negligence lead to your injuries. 

Medical Records

Your medical condition is a key part of your case since it will provide evidence that you are injured and that your injury was the result of a particular event. You must keep track of all the places where you received medical treatment. You may be required to go to separate facilities for treatment so you will want to record each location where you received treatment so you can request electronic records.

HIPAA not only protects your right to privacy, but also gives you the right to access all of your medical records. However, there is a framework by which you must go about obtaining your records. You do not necessarily have to access all of your medical records so it is important to speak with a personal injury attorney who can guide you through the process and help you obtain the records that can help you win your case. You will want to get started as soon as possible because medical professionals have up to 30 days to respond. 


17 July 2020

Your Questions Answered About Accident and Personal Injury Attorneys

When a person is involved in an accident that's caused by someone else, they may need to speak with an accident and personal injury attorney. Mounting costs of medical care and time off from work can cause money problems for people who are injured. Those who hire an attorney can often receive monetary compensation from the responsible party. We aren't involved in the legal profession, but we do understand the stress that injuries and medical bills can cause. We've researched legal information and written this blog to help those who are in this situation. We hope the articles on our site will answer the questions you have about accident and personal injury attorneys.