Personal injury claims are often very delicate. They’ll often force you to recount one of your scariest experiences – the accident. In addition, your medical records will also become the focus of the legal process. That’s why it’ll be best to hire an Atlanta personal injury lawyer.
You cannot win your injury claim without sufficient evidence. Now, your medical records are an essential piece of evidence. This is because they link your injuries to the accident. Therefore, you’ll have to disclose these details at some point. However, revealing your medical records could hurt your claim.
The fault party and their insurer will look for ways to deny your injury claim. Therefore, they’ll try to poke holes in your medical records. However, suppose you have an Atlanta personal injury lawyer. Then, they can ensure that you only disclose the relevant portions of your medical records. In addition, they’ll ensure that these records don’t adversely affect your claim.
Why Must I Release My Medical Records?
Indeed, your medical data is a significant source of evidence. However, it’s crucial to know why these records are that important. This relevance is because your medical records contain your injuries and treatment details. In addition, your medical records show your medical bills.
So, with your medical records, we can ascertain:
- The extent and severity of your injuries, and
- Assess the strength of your case
Notably too, the other party will need access to your medical records. This is the only way to ensure that you aren’t ripping them off. So, you’ll have to share these records with the fault party and their insurance company. The law protects your medical records. The other party thus cannot obtain them without your permission.
What Part of My Medical Records Should I Share?
What portion of your medical data you should share is a significant issue. Firstly, the most crucial data is the record of the accident and its aftermath. So, you don’t have to grant the other party unlimited access to your medical records. Obtaining some medical records may also lead to extra expenses. In such cases, if the insurer insists, you can ask if they’re willing to foot the bills.
Furthermore, the insurance company may give you a form to sign. It’ll be best to let your attorney review the document when you get this authorization release form. This is because the insurer may insert clauses that grant them access to your entire medical records. This access can get them into your medical history, even before the accident.
What if the At-Fault Party Requests a Medical Examination?
Sometimes, insurance companies demand medical examinations. This is often the case where there are major disagreements on your injuries. So, they can request a second medical opinion on your injuries. Usually, these medical tests are called independent medical examinations (IMEs).
However, they’re often far from independent. Instead, the doctors usually have links to the insurance company. The insurer chooses and pays these physicians for long periods. Therefore, such doctors don’t have your best interests at heart. Instead, they’re considering what’s best for their employer.
Fortunately, you don’t have to submit to an IME. So, you can refuse such requests. You can also give polite reasons for such refusal. For example, you can say that you don’t feel comfortable submitting to a doctor you don’t know. Then, you can tell them that if you go to court, they can request the IME.
Can My Pre-Existing Injuries Still Come Out?
Yes, the fault party and their insurer can yet discover any pre-existing medical conditions you have. This is usually what insurance companies are after. However, you shouldn’t worry much about older injuries. Similarly, it’ll be best not to hide such wounds. This is because the other party may misinterpret your actions as fraudulent. Indeed, hiding pre-existing conditions makes it look like both injuries are related.
Fortunately, an excellent attorney can distinguish these injuries. Frequently, Atlanta personal injury attorneys use medical expert witnesses for this purpose. That’s why it’s best not to hide such wounds from your lawyer. They can get ahead of it and ensure that it doesn’t hurt your case if they’re aware.
Let Our Atlanta Car Accident Attorneys Protect Your Medical Privacy!
Have you survived a personal injury accident in Atlanta? If you have, then you can recover compensation from the fault party. First, however, you’ll need the best Atlanta car accident lawyer. You can get the best legal services at Ted A. Greve & Associates. We have several years of experience in handling personal injury claims. So, we can get you the maximum compensation. In addition, we’ll protect the privacy of your medical records. It’ll thus be best to call us today for a FREE consultation.
