How to Talk to Your Doctors So Your Legal Case Stays Strong
By Alex Stalvey
If you’ve been injured in an accident, getting medical treatment is your top priority. But how you describe your injuries and symptoms to your doctors as you work your way through treatment can also play a critical role in protecting your personal injury claim.
Why? Insurance companies look for gaps and contradictions. Adjusters say that inconsistent or incomplete records are a top reason claims are denied or underpaid. In the 2024 Experian Health ‘State of Claims’ report, 46 percent of respondents identified incomplete or inaccurate data, like gaps in medical records, as the top driver of claim denials.
We don’t want our clients to give them that chance. So we’re always advocating for them to be thorough.
This isn’t about exaggerating or “sounding legal.” It’s about being clear, transparent, honest, and thorough, because your medical records are one of the first things insurance companies (and their lawyers) will scrutinize when deciding whether to pay your claim.
Insurance companies don’t just rely on bills to identify what’s happening in your specific case. They are scrutinizing everything to look for patterns and inconsistencies. With 73 percent of providers reporting increased claim denials, every missing detail or vague description becomes a reason to delay or deny your case.
If something important is missing from your record or is described in vague terms, it can weaken your case, even if your injuries are obvious. While your case is important, note that you are not alone. Every year, over two million Americans suffer injuries in auto accidents, and that’s not counting 4.5 million workplace or 8.5 million fall injuries.
Reach out to us today HERE with questions that are specific to your case.
Why Medical Records Matter So Much
Insurance companies use medical records to determine:
- The severity of your injuries
- How long you were impacted
- Whether your treatment was consistent
- If there are gaps or contradictions
Knowing this, we always tell our clients there are five critical steps to take as you work your way through treatment.
- Be Detailed, Even If It Feels Repetitive
Describe every area of pain, every limitation, and every change in your daily life. Don’t assume something is “obvious” or not worth mentioning.
Let’s say your back is causing you pain. Instead of saying, “My back hurts,” try: “I have sharp pain in my lower back when I bend or stand for more than 15 minutes. It keeps me from picking up my toddler or standing at work.”
Too often, we also see instances where a client assumes a doctor knows why they are there for a visit. Don’t expect your doctor to link your symptoms to the accident automatically. Say it out loud, “I’ve been having this shoulder pain ever since I was rear-ended last month.” This ensures that it is officially captured and known.
- Don’t Downplay Your Symptoms
It’s human nature. We don’t want to be a burden, and we tend to understate our pain. But in a legal setting, modesty can backfire.
We emphasize the need for our clients to say exactly what they are experiencing, even if it feels “minor.” Symptoms that seem small or trivial in the moment could indicate long-term issues that take time to surface.
Some injuries, especially soft tissue or neurological issues, don’t show up clearly at first. A telling NIH study found that these injuries are missed 56 percent of the time in early evaluations, often because patients don’t describe them clearly.
Don’t brush things off.
- Be Honest About Prior Injuries but Draw Clear Lines
If you’ve had previous injuries, don’t hide them. That can create credibility issues. Instead, make the distinction clear.
For example, you could say, “I had occasional lower back soreness years ago, but this pain is completely different. It’s more intense and radiates down my leg, which never happened before the accident.”
- Call Out Specific Activities You Can’t Do Now
Doctors usually document objective findings like swelling, range of motion, and bruising. But insurers want to see how your life has been affected.
Tell your doctor if you can’t sleep through the night, drive comfortably, work your whole shift, or enjoy your usual hobbies. These notes matter later.
- Keep a Symptom Journal (And Share It)
Write down your symptoms, pain levels, and what triggers them day by day. Bring it to your appointments. It helps you remember, and it helps your doctor document things that might otherwise be overlooked.
We also explain to our clients that there are common mistakes they can make that will impact their claim and ability to secure proper compensation.
One of the biggest mistakes is missing appointments or delaying care. Any gap in treatment can be used to argue that your injury wasn’t serious. If you must cancel, reschedule as soon as possible.
While an urgent care facility may appear to be a professional (and convenient) destination for treatment, it’s worth noting that emergency rooms and walk-in clinics are a good starting point. Still, they rarely offer long-term care or documentation. We always recommend that accident victims seek the opinion of a specialist, especially if symptoms persist.
Why This Matters for Your Legal Claim
When it comes time to negotiate or go to court, the strength of your case rests on evidence. And medical records are some of the most substantial evidence you can present, but only if they’re accurate and complete.
As your legal team, we can work with your providers to ensure the documentation aligns with your claim, but it starts with what you share during your visits.
If you’re unsure how to approach your treatment or feel like your injury isn’t being taken seriously, let’s talk. We’ll walk you through the recommendations above and provide you with a plan to track and protect your case, without interfering with your care.
And don’t forget, we work on a contingency basis, so there’s no cost to you unless we recover money on your behalf. Even small things can make a big difference in your case. The more your records reflect your whole experience, the easier it is to fight for the compensation you deserve.
If you’re not sure where to start, we’re here to guide you. You don’t have to do this alone. Reach out to us today HERE with questions that are specific to your case.
The Bannister, Wyatt & Stalvey Checklist for Protecting Your Injury Claim at the Doctor’s Office
✅ Describe your pain in detail (location, severity, frequency, what triggers it)
✅ Be honest—but don’t minimize symptoms
✅ Make it clear that your injuries began after the accident
✅ Discuss how the injury affects your daily life
✅ Mention any emotional/mental impact (anxiety, sleep issues, etc.)
✅ Bring a symptom journal to appointments
✅ Follow all medical advice and don’t miss appointments
✅ Tell your lawyer about every doctor, chiropractor, or specialist you see
