Medical Records are a Must for Personal Injury Claims

medical records Medical Records are a Must for Personal Injury ClaimsA large part of creating personal injury claims is your medical records.  It’s an important piece of the puzzle that will determine how much compensation you will receive.  Medical paperwork is legal proof that these injuries exist.  Unfortunately when you file a personal injury claim, the job of the insurance company is to assume you are mistaken or lying or if any other factors mean they can deny your personal injury claim.

Medical records contain information from a doctor explaining your injuries. Of course you’ll have an appointment with your doctor so they can examine you and interview you about your injuries. They will explain the severity of the injury in detail along with treatment options.  This is the information you will receive to build a case.  Records such as lawsuit/countersuit prep papers, psychotherapy notes and endangerment documents remain in the doctor’s possession.  The person requesting such information must provide a proper explanation.

  • If you prefer to obtain your medical records, we will respect your decision.  You can go to the hospital and ask for a medical copy.  The doctor that treated you knows who you are and will vouch your identity.  Depending on the hospital, you can also ask to fax or mail your medical records.
  • If you’re not able to obtain your medical records, know that a parent, beneficiary, legal guardian or designated representative (family attorney, etc) can obtain medical records too.  The medical facility isn’t going to hand records to just anyone who claims they know you.  There are strict guidelines they have to follow to avoid lawsuits.  Medical facilities will ask for identification, an approved will or court-appointed document.
  • If the person injured is under the age of 18 or 19, someone else must get the records for the child or teen.  Parents or guardians are the most likely to obtain medical records.  Exceptions to the rule is doctor-patient confidentiality and court summons.  We can also request medical records with parent/guardian permission.

Personal injury lawsuits can be complicated, so be sure to collect your medical records and get them to your personal injury lawyer. You should also keep them with your other important documents related to your case, you may want to refer to them as your case progresses. If you need help getting your personal injury case together, or are wondering if your situation qualifies you for compensation, Contact Us for more information. We have years of experience fighting to get our clients full compensation for their personal injuries.

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