Discussing MedicalRecords in Court

Everyone that is a party to the lawsuit such as the plaintiff and the defendant, is entitled to be in the courtroom during the trial. They cannot exclude a named party to the case just because health information will be discussed. That is an important consideration when deciding to file a case and deciding who to name as responsible. Injured individuals will need to prove that they suffered medical damages due to the accident. Those medical damages are going to involve disclosure of some parts of their otherwise private health records. It is an important task for lawyers when determining whether the injured party should consider filing a lawsuit and trying to protect their health records with the greatest degree possible. It is common for defendants to seek medical records all the way from the plaintiff’s birth through the present.

It is also very common for plaintiff lawyers to file Motions to Quash attempts by defense lawyers and limit their investigation with Motions to Protect, which will limit the time period in which the records that could be gathered. When the defendant is in court, they are entitled to cross-examine the plaintiff regarding their health conditions before the jury. The courts will only compensate the plaintiff for damages incurred as a result of the car wreck and will not compensate for pre-existing conditions or another condition that had nothing to do with the wreck unless those preexisting conditions were made worse by the wreck. A diligent attorney could provide more information about how medical records will be used and discussed in McKinney car accident claims with multiple defendants.

Proving Negligence with Multiple Defendants

With an individual defendant, the lawyer will simply need to focus on that individual defendant’s liability and responsibility in evaluating the case. If the case involves truck company liability with an 18-wheeler, the attorney may focus on the policies and procedures that the trucking company did not follow that would have kept the negligent truck driver off the road entirely. For example, maybe they should not have been hired or the person’s driving records were so egregious that the person should never been allowed to legally drive at all.

An attorney would focus more on the driver’s negligence at the time of the wreck, such as running a stop sign, driving while intoxicated, or driving while too tired. The focus would be more on those factors than on more global factors of the company. The jury needs to understand that whenever they are shown evidence, their job is not just to determine what happened in the particular case, but to compensate to the injured party as a result of what happened. That is part of their job. They have a choice between making a case about systems failures that led to negligence or just an individual’s bad choice.

Federal Motor Care Safety Act

The Federal Motor Care Safety Act and parts of the Texas Transportation Code require trucks to have certain safety items and systems in place. If they are ignored by the defendant, that should be much more important for a jury than somebody who just simply made a small one-time mistake. When they do have these system failures, those simply are a greater focus at trial than the individual driver impacting another vehicle. The juries not only want to know what happened, but they want to know why the accident happened and how it could have have been prevented.


Call for More Information about Car Crash Claims with Multiple Defendants in McKinney

McKinney car accident claims with multiple defendants can be a complicated matter. Having a knowledgeable attorney could make or break an individual’s case. A determined personal injury attorney will work to help an injured individual receive maximum compensation for their injuries. They will use all the resources and tools available to prove your case. For more information, schedule a consultation with one of our attorneys.

McKinney Case Types

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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