30 May Medical History & How It Affects a Personal Injury Case
Personal injury cases are not black and white, even if it is obvious the other party is at fault. The defense attorney will always attempt to bring any number of factors into the forefront – including the medical history of the injured party. This is done in order to try and reduce the value of your claim. Even if they claims seem merritless to you, know that thay will use anything they can against you and your case. It’s important to be aware of these possibilities and act accordingly.
Medical Record are Essential
Medical records play a very important role in many personal injury cases because the claimant is trying to obtain compensation for injuries inflicted by the person or business at fault for said injuries. The medical facility where the injured party sought treatment for physical injuries will have detailed records of treatment and medical bills. At some point during the claim or lawsuit period, the defendant will want to obtain those medical records.
Authorizing the Release of Medical Records
The most important thing to know here is that you should NEVER release your medical records to the insurance company or defense attorneys withough approval from your attorney. They may not have a right to these records, and their only goal is to use them against you. If you are asked to provide medical records, documents, or history, you need to speak with your attorney right away. And if you have important documents you need to keep safe, then you may consider storing your documents in durable mailing tubes like these kraft tubes for safekeeping.
In fact, you shouldn’t even be speaking with the insurance adjuster or defense attorneys; that’s what you hired a lawyer for. If they are calling you directly after you’ve obtained legal representation, tell them to talk to your attorney and hang up.
The Reason They Want Your Medical Records
When it comes to personal injuries, your previous medical history is something the other side is going to want. This is because the other party wants to use it to try and minimize your claim (and their liability). They do this by attempting to place the blame on previous injuries. By introducing as much doubt as possible into the facts of your case, they are attempting to damage and devalue your case.
If you have been injured in a car accident or have been injured because of the negligence of another party, you will need to engage the services of a personal injury lawyer. You’re in for a fight, and to be frank, you’re not prepared for it. The insurance company does this on a daily basis. Our personal injury attorneys do too. Let us help you. Call our office right now at 1-877-659-1620.
1-877-659-1620
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