What Is a “Reasonable Degree of Medical Probability” in Personal Injury Cases?
In Texas personal injury cases, the concept of a “reasonable degree of medical probability” is a critical standard used to determine whether your injuries are directly linked to a car accident. In plain terms, it means that a qualified doctor must state it is more likely than not — or at least a 51% chance — that your injuries were caused by the crash. This is much lower than the “beyond a reasonable doubt” standard used in criminal cases, which requires near certainty. For personal injury cases, you don’t need absolute proof; you only need a credible medical opinion indicating that the accident is the likely cause of your injuries.
Why This Standard Matters in Personal Injury Claims
Insurance companies and courts rely heavily on medical opinions to evaluate personal injury claims. If a doctor can testify that your injuries were caused by the accident to a reasonable degree of medical probability, this is generally sufficient for a jury or insurance adjuster to accept causation. However, if a doctor cannot establish this link, your case may be significantly weakened. Without credible medical evidence connecting the accident to your injuries, it can be nearly impossible to recover damages for medical expenses, lost wages, or pain and suffering.
This standard is particularly important in cases where property damage is minor or injuries are less obvious. In these situations, insurance companies may scrutinize your claim more closely and challenge whether your injuries truly resulted from the crash.
Strengthening Your Case with Multiple Medical Opinions
Obtaining second or third independent medical opinions can add considerable value to your case. Multiple evaluations from doctors who are independent of one another provide stronger proof that your injuries are genuine and related to the accident. Benefits include:
Confirmation of diagnosis: Multiple doctors agreeing on your injury diagnosis makes it harder for insurance adjusters to dispute your case.
Support for treatment plans: Independent opinions can verify that surgeries, therapy, or other recommended medical treatments are necessary.
Increased credibility: Consistent medical testimony from multiple sources demonstrates that your injuries are real and serious.
Better negotiating leverage: Insurance companies are more likely to offer higher settlements when faced with thorough and consistent medical documentation.
How to Ensure Your Medical Evidence Meets the Standard
Even before hiring a Texas personal injury attorney, you can take steps to strengthen your claim:
Document injuries in detail: Keep a journal of pain levels, mobility limitations, emotional effects, and daily activity impacts.
Follow all medical recommendations: Attend appointments, complete therapy, and follow prescribed treatments to show you are actively addressing your injuries.
Obtain written medical opinions: Make sure doctors explicitly state that your injuries were caused by the accident to a reasonable degree of medical probability.
Consider independent evaluations: Multiple independent medical opinions add credibility and reduce the risk that insurers will question your claim.
Maintain complete records: Keep all test results, imaging, prescriptions, and medical bills organized as evidence for your case.
By ensuring your medical evidence meets this standard and documenting everything carefully, you create a strong foundation for your personal injury claim. Multiple medical opinions, clear treatment records, and consistent documentation can improve your chances of fair compensation for medical expenses, lost wages, pain, and suffering after a Texas car accident.
