Can Getting a Medical Record Help Your Case?

medical chart

If you have suffered a personal injury and now wish to file a claim, your medical records are critical to your case.

After an accident that was the fault of someone else, you can file a claim for compensation but before you do, it is helpful to have a basic understanding of the insurance process. To obtain damages, you will have to file a claim with the negligent party’s insurance company and when you do, you will also have to prove that you were injured and sustained other losses. If you do not have enough evidence to prove your damages, the insurance company may deny your claim. One of the most important pieces of evidence to your claim are your medical records.

Why are Your Medical Records Important?

Insurance companies want to shield themselves from liability so they can save money and keep more of their revenue. They use many tactics to do this but one is that they will require you to prove the extent of your injury. If you cannot prove the nature and severity of your injury, the insurer will claim it does not exist and so, they will not provide compensation for it. Medical records from the doctor or hospital that provided treatment after your accident are one of the best pieces of evidence when proving your injury to the insurer.

Your medical records are also important when proving that your injury is not a pre-existing condition. Insurance companies will try to shield themselves from liability by claiming that you had your injury before the accident. If they are successful with that argument, they may not be liable for paying damages for it. It is important to present medical records from before your accident that prove your injury was caused by the accident. Do not sign a medical release if the insurer presents you with one, as that will allow them to access your records without your knowledge and look for a pre-existing injury.

Obtaining Your Medical Records

Under the Health Information Portability and Accountability Act (HIPAA), which is a federal law, you have the right to access your medical records from your provider. However, first determine which ones you actually need, as you will likely have to pay for every copy. Start by only asking for the medical records pertaining to the injury sustained during the accident, and ask for others in the future only if you need them.

Your primary physician will likely have copies of all specialists you saw, and the individual treatments you received. Still, if you request these documents separately from each individual provider, it will strengthen the evidence of your injury.

Our Personal Injury Lawyers in Edinburg will Collect Your Records

You do have the right to your own medical records after an accident, but now is the time for you to focus on your recovery. At the Law Office of Raul A. Guajardo, our Edinburg personal injury lawyers will collect the necessary medical documents, and all other important evidence, to build a strong case so you receive the full damages you deserve. Call us today at 956-318-3200 or contact us online to schedule a consultation and to learn more about how we can help.