A personal injury case requires a plaintiff to prove several different elements. Perhaps the most heavily disputed are the plaintiff’s injuries and the cause of those injuries. Medical evidence can take many forms, but none is more effective than an MRI. Short for “Magnetic Resonance Imaging,” this diagnostic tool is key to diagnosing and treating your injuries and maximizing the compensation you receive in your case.
Let’s look at why an MRI is important in a personal injury case.
How Does an MRI Help Treatment of Your Injuries?
Diagnosing injuries after an accident isn’t always as straightforward as a bruise, cut, or fracture. Many injuries can’t be diagnosed just by observing a body part or conducting a physical exam. An MRI provides that needed insight by detecting hidden injuries, like spinal discs, nerves, and other internal structures.
An MRI gives medical providers a high level of detail as to exactly what your injury is and what’s causing your pain. That information allows them to create a treatment plan specific to you and your injuries.
Having the results of an MRI also enables medical providers to select the most appropriate type of treatment. Whether it be physical therapy, chiropractic, pain management, medication, or even surgery, an MRI helps determine the most appropriate course of care.
Why Do You Need an MRI for Your Personal Injury Case?
An MRI is the most important piece of medical evidence in your case. Although medical records and other imaging are important, the results of an MRI can make or break your personal injury case. There are three important reasons why you need an MRI for your personal injury case.
#1: An MRI Provides Clarity of Your Injuries
Assume you have neck pain after a car accident. From the insurance company’s point of view, they have no way of knowing whether you only sprained a muscle that will quickly heal, or if you have a disc herniation requiring surgery. These two types of injuries are on the complete opposite ends of the value spectrum. You best believe an insurance company is going to err on the side of you having the less severe injury if you don’t have an MRI to show otherwise.
In terms of settlement value, there’s a big difference in telling an insurance company your neck hurts, versus telling them you have a disc herniation at C5-6 impinging on your spinal nerves that’s causing pain. The injury is still the same in both situations, but the level of clarity you’re able to give in the second example is worlds apart. Only an MRI can provide that level of detail.
#2: An MRI Can Prevent Your Personal Injury Case Getting Dismissed
In a personal injury case, you’ll need to prove the severity and causation of your injuries. The law doesn’t allow a plaintiff to support their personal injury case based solely on subjective evidence. Subjective evidence is evidence that can’t be independently verified, e.g., you, alone, saying your neck hurts and have an injury. The law requires a plaintiff to come forward with objective evidence of injury, meaning medical evidence that shows proof of injury separate from just you saying you’re injured.
An MRI is one of only a few types of objective medical evidence that exists. Without an MRI, your case may rest solely on subjective complaints about pain and limitations. If that’s the case, and you haven’t gotten an MRI, a court could dismiss your case based on the lack of objective medical evidence.
#3: An MRI Will Give Credibility to Your Symptoms
Insurance companies treat injured victims like a number. By default, they either minimize the value of your pain and suffering or outright think you’re fabricating an injury. An MRI provides indisputable evidence that your complaints of pain, and your physical limitations, are consistent. You can’t fake an MRI, nor can you fake the findings shown on an MRI. The best way to combat an insurance company minimizing your injuries is to support it with objective diagnostic imaging.
Can Not Getting an MRI Delay My Personal Injury Case?
Although there are all different types of medical evidence in your case, not getting an MRI could delay filing a lawsuit in your personal injury case. Once a lawsuit is started, there are certain timeframes by which a plaintiff must submit evidence of their injuries or face a court dismissing their case. Filing a lawsuit before you get an MRI runs the risk of not having this important proof of your injuries later when you need it most. Without an MRI, you may be unable to meet your burden of proof.
A personal injury attorney often waits to proceed with a case until an injured client undergoes an MRI. Many clients are surprised to learn they aren’t waiting on the lawyer, but instead, the lawyer is waiting on them to be able to pursue their case further.
When Should I Get an MRI for My Injuries?
An MRI is the gold standard in diagnostic imaging to diagnose the true nature and extent of your injuries. Unfortunately, a medical provider usually can’t just refer you for one on the first date of treatment. The MRI must be deemed “medically necessary,” meaning that undergoing the MRI will assist the medical provider in treating or diagnosing your injuries.
There are various guidelines for when a medical provider can deem it medically necessary for you to undergo an MRI. While there is some variance in opinion, your medical provider will usually send you for an MRI when there is:
- 4-6 weeks of failed conservative care, meaning your pain and function don’t improve with medication, physical therapy, or chiropractic treatment;
- Weakness, or lack of strength;
- Numbness or tingling that is persistent.
If some, or all, of those criteria are met, it is usually medically necessary to send you for an MRI. As you approach the 4-week mark, don’t be surprised that your medical provider is having a conversation with you about being sent for an MRI.
Conclusion
Getting an MRI after an accident can be a critical step in ensuring you receive the proper care you need. This high-resolution imaging tool not only helps diagnose hidden injuries such as nerve damage, soft tissue injuries, and internal organ damage but also provides concrete evidence in a personal injury lawsuit later on.
The attorneys at Horn Wright, LLP, are skilled in presenting medical evidence to support your injuries to get you the compensation you deserve. With one simple phone call, you can be speaking to an attorney within minutes. Call now.