When you assert a personal injury claim, your medical status is a significant concern. Insurance providers will want to know the type of treatment you have received. Also, they may want to know your medical history and whether you will undergo future medical treatment. However, insurers may look through your records to find information they can use against your claim.
For instance, they may claim that you have a pre-existing injury or condition that may be to blame for your current one. Such kind of argument can decrease your possible compensation. If an insurance adjuster request asks you to get treatment from a doctor or requests your medical records, you should know what to do. When this happens, call a personal injury attorney from Sattiraju & Tharney, LLP in New Jersey.
Independent Medical Examinations
The insurer may request that you seek an independent medical examination (IME). This involves their chosen doctor examining you to assess you according to your claimed injuries. You may need to explain your symptoms to this doctor. The doctor will perform a physical exam and ask you to do some tasks such as walking across the room.
In general, you are not required to undergo an IME for your injury case before you file it in court. But once you have filed the case, the court may require you to submit to an IME if the insurer requests it. Your attorney can explain your legal rights regarding this type of examination before and after you file a lawsuit.
Handling Requests for Medical Records
Sometimes, the insurance adjuster assigned to handle your claim will request all your medical records from the treatment center or hospital. Others may ask for these records from you. In this case, you can pick the files you wish to give to the insurer. Such a delicate process requires an attorney’s assistance.
Some insurers examine your medical history to look for things that can benefit them. They will usually look for related injuries, but may also use information about troublesome past medical problems like mental health problems.
If you haven’t filed a case, you don’t need to give medical documents to the adjuster. If you are not sure about which files to share with the adjuster, discuss your options before you file a lawsuit with your attorney. Consult with your lawyer first before you sign any document to release your medical records.
Your medical records are important and you don’t need to share them with any party before you file a personal injury lawsuit. But sometimes, you may want to. Call an attorney to make sure you make an informed decision.