Vaccine injury cases are very challenging. Some of those challenges involve the legal terminology that lawyers use when talking with their clients. Today’s post is about one of those terms: Exhibit.
In the course of a vaccine injury case, you will likely hear us refer to your exhibits or that something needs to be filed as an exhibit. The basic definition of “exhibit” is a document or other object produced in court as evidence. There are several things that count as evidence/exhibits in Vaccine Court. While every case is different, some examples include: medical records, vaccination records, expert reports, scientific and medical literature, the PAR Questionnaire, tax returns, receipts for medical expenses, and your affidavit. It may also include a video of a seizure or a PT session.
The exhibits are what we file as evidence in support of your case. As evidence is required to meet your burden of proof, whether you have a Table or non-Table case, we will need to get the evidence from you. That evidence will include the PAR Questionnaire (the Court-required list of medical providers you’ve seen) so that we can request medical records that will also be filed. In non-Table cases it will also include an expert report and the medical or scientific literature the expert is relying on. Finally, in the damages phase you will need to submit all of your receipts, a pain log, insurance coverages, and in some cases we will need to engage a life care planner and that planner’s report will also be evidence and filed as an exhibit. This is why we ask you to start keeping a pain log as soon as you contact us; to keep all of your receipts for copays and prescriptions; and why we ask for your tax returns and W-2s. All of which get filed as exhibits.
In short, exhibits are the blocks we use to build your case.
For more information contact The Law Office of Renée J. Gentry, Esq.