The Role of Medical Experts
We are experts in the law. So are the judges. We are not experts in medicine. We, therefore, need expert medical opinion, as evidence about the nature and extent of your injuries, how much of the symptoms were most likely caused by the accident and what the most likely outcome might be for recovery or, if that is not possible, then what is the most likely outcome for recovery or if, sadly, that is not possible, then the nature and extent of the ongoing symptoms with which you will be left. It is on the basis of this opinion that we can advise you about the likely level of compensation that a Judge would award you. Ultimately, if your case goes to trial, a Judge will make his decision based upon the medical evidence.
Most cases only need one medical report but more serious injuries may require more. This maybe a follow-up report from the same expert or it may be that reports are required from experts in different disciplines (for example, an Orthopaedic Surgeon and a separate report from a Psychiatrist if someone is suffering from PTSD (Post Traumatic Stress Disorder) or perhaps a Plastic Surgeon where someone has suffered scarring).
We will make all the arrangements for the medical examination. You will not normally need to pay for them up front and the interim funding will be provided by us.We need to go to experts who are used to preparing reports for injury claims. Your own consulting expert or GP will not normally be asked to prepare a report because the Judge may well consider them to be too close to you and therefore not independent.
Paying for the medical report(s) - you will not normally be asked to pay for this up front. If you are unsuccessful, these expenses will be covered by your insurance. If you are successful in your claim, then your opponents will pay for these expenses.
Preparing for the medical examination - it is essential that you prepare well for the medical examination. The medical expert will ask you for your account of how the accident happened and ask you about your symptoms and your problems and how they have affected your every day life. The expert will record what you say. It is unlikely that we will be able to get the expert to change what he has written. Therefore, it is most important that you prepare thoroughly for the examination. You maybe asked to be examined by your opponents. They are entitled in the larger cases to have you examined by their own medical expert. Obviously, you should also prepare for any such examination most carefully.
Further treatment the medical expert should also comment on whether they recommend any other treatment to accelerate or maximise your recovery. They may also recommend examination by another medical expert because there are issues beyond their area of expertise. We will advise you and make all the necessary arrangements. It is important to us that we obtain the best outcomes for you as a person as well as getting for you the compensation to which you are entitled. Therefore, we are keen to assist with the provision of rehabilitation wherever that is appropriate.
