In personal injury cases, medical records play an important role. These records show a direct link between injuries sustained and someone else’s negligence. If you want to strengthen your personal injury claim, your entire medical history can reveal how an incident led to pain and suffering, ongoing effects, and medical expenses.
At Recovery Law Center, our law firm understands the stress that comes from medical bills and other financial burdens after an accident. We invite you to schedule a consultation to discuss how we can help you gather the detailed records you need and pursue the compensation you deserve.
Consult us at Recovery Law Center for Personal Injury Claims
When you begin a personal injury claim, it helps to have legal representation from a personal injury lawyer who can manage the insurance adjuster, work with medical provider offices, and seek fair settlement terms. Our team at Recovery Law Center has helped many clients navigate personal injury law, including those injured in a car accident or harmed through someone else’s negligence.
We are ready to support claims with essential evidence, such as comprehensive medical records, diagnostic tests, and other documentation that insurance companies often review. Contact us today to schedule a free consultation and learn about your options.
How Insurance Companies Use Medical Records
An insurance company will review your medical documentation to decide how much to offer in a settlement. They might look for any reason to reduce the amount they pay. This is why it is important to have complete records that outline:
- Medical treatments you received
- Hospital stays
- Possible physical therapy sessions
- Diagnostic tests for injuries
- Notes from medical experts
With organized files, you can address any doubts the insurance company may have. You can also show the total medical expenses related to your injury, including doctor visits, prescription costs, and specialized care. Having a personal injury attorney on your side makes this process smoother because your attorney can highlight how each piece of evidence supports your case. This helps counter efforts by the insurer to undervalue your claim.
Why Medical Records Serve as Essential Evidence
Personal injury cases rely on strong proof that an accident led to medical care and related hardships. Medical records serve as the foundation for this proof. They outline when you received medical attention, what treatments required a hospital stay, and how health care providers viewed the injuries. Below are some reasons why these documents carry weight:
- Documenting Injuries Sustained: Records confirm the injuries, show their severity, and track progress over time. If you experience ongoing treatment for chronic pain or need physical therapy, your records can illustrate these ongoing effects.
- Showing Financial Impact: Medical bills add up, and lost wages often occur if the injury prevents you from working. These financial burdens appear in itemized statements from medical providers, which support a claim for fair compensation.
- Proving Non Economic Damages: Beyond out-of-pocket costs, you may be entitled to damages for pain and suffering. A history of doctor visits, diagnostic tests, and physical therapy can demonstrate the presence of long-term pain or emotional effects.
- Establishing Causation: You must show that your injuries and related expenses directly result from the accident. Detailed records make it easier to see a logical path from the event to the harm endured.
In a personal injury lawsuit, comprehensive medical records provide a clear picture of your challenges and can strengthen your case when negotiating with an insurance company.
Types of Medical Records You Should Gather
Different types of medical records provide insight into your personal injury and overall medical history. You want to collect relevant records showing how an incident has affected your life. Here are a few examples:
- Hospital Admission and Discharge Papers: These indicate the extent of your treatment and any immediate interventions you received after the accident.
- Doctor Visits: Office notes from regular checkups or specialist visits can show ongoing treatment and how your condition has changed over time.
- Physical Therapy and Rehabilitation Notes: Documented sessions can illustrate the seriousness of your injuries and support a claim for non economic damages.
- Diagnostic Tests: X-rays, MRIs, CT scans, and lab work confirm injuries, track healing, and show the scope of medical care needed.
- Prescription and Medication Records: They can reveal how injuries affected your daily routine and confirm the need for certain treatments.
Gathering these documents can help show the insurance company why your claim deserves fair compensation. When your personal injury attorney presents this information, it becomes easier to address the insurance claim process and support your case with medical evidence.
Why is Medical Documentation Important?
Whether you file a first-party insurance claim, a third-party insurance claim, or a personal injury lawsuit, you’ll need health information to support your case. Insurance companies and court systems require legal documents of proof of injury to limit fraudulent claims. Medical records from any hospitals, clinics, physicians, specialists, therapists, or pharmacists who cared for you can show:
- The timeline of your injuries: Not only do your medical records prove that your injuries exist, but they can also demonstrate that your current state is not the result of a preexisting condition. If you have a preexisting condition, solid medical evidence can prove that the accident worsened that condition.
- Your medical expenses: Your medical records and any corresponding bills can demonstrate to insurance adjusters, judges, or jurors the full financial impact of your injuries. Without these records, you’ll have no way to justify how much your personal injury lawsuit is worth.
- The overall impact of your injuries: Your medical information may contain evidence of the intangible costs of your injuries, such as chronic pain or insomnia. This documentation can support your claim for compensation for non-economic losses like pain and suffering.
- How your injuries may impact your future: Medical records also contain opinions and prognoses from doctors, specialists, and therapists. These statements can provide valuable insight into the long-term effects of your injuries. They can also support demands for compensation for future losses like additional medical care and lost earning capacity.
How Do I Request Medical Records?
The Health Insurance Portability and Accountability Act (HIPAA) contains federal regulatory standards protecting your personal health information. HIPAA keeps your private medical data secure by establishing limits on who can access it. It also ensures your right to obtain copies of your healthcare records.
An experienced lawyer can request medical records for your personal injury claim on your behalf. All you’ll need to do is provide your written consent to do so.
It’s also possible to request your records on your own. But this process can take a while, especially when you are recovering from serious injuries. You’ll usually need to send separate, written requests to each medical provider. Many health care providers offer patients a HIPAA-friendly form that they can fill out to request copies of their records. You can also make a written request yourself if necessary.
In some cases, an insurance adjuster may ask you to sign a release form granting them complete authorization to access your medical records. Be careful ― agreeing to release records could give the adjuster access to your entire medical history, not just the information related to the accident. They could later use medical record information against you to minimize or reject your claim.
When the insurance company requests copies of your medical records, it’s best to contact a personal injury attorney for advice before signing. You may be better off giving them limited access or providing copies of the records after obtaining them yourself. If an adjuster asks for additional medical information that seems unrelated to your case, you have the right to refuse their request. A knowledgeable attorney can provide the advice you need to protect your claim.
Hawaii Law for Medical Records
State laws address how you can access your medical record. Under Hawaii Revised Statutes §622-57, healthcare providers must provide copies of patient medical records upon request. The only exception is circumstances where doctors deem it would be “detrimental” to a person’s health to be given their patient records. In these cases, the healthcare provider can instead submit copies of the medical records to an attorney authorized by the person.
No specific state or federal law requires you to give an insurance adjuster access to your medical records. However, the insurance company will most likely deny your injury claim if you refuse to provide relevant health information. Rather than granting the insurance company complete access, you can fill out a request form for the relevant records yourself and then make copies for the adjuster as needed.
Pre-Existing Conditions: Why They Matter
Insurance companies often look for pre-existing conditions or injuries that occurred before the current incident. They may argue that your pain and suffering stem from a health issue unrelated to the accident. However, even if you have a condition from years ago, comprehensive medical records prove how the recent accident has worsened your health. As long as the event caused new harm or aggravated an old condition, you may still recover financial compensation.
How a Personal Injury Attorney Can Help
Let Recovery Law Center prevent your sensitive medical information from being used against you. Our Hawaii personal injury lawyers dedicate themselves to providing high-quality legal services in a compassionate atmosphere.
Whether you need to file a personal injury claim or a lawsuit, Attorneys Glenn Honda and George Alejandro can provide the legal advice you need to pursue maximum compensation for your injuries. Our award-winning firm is recognized for excellence with accolades from The National Trial Lawyers, Lawyers of Distinction, and the National Academy of Personal Injury Attorneys, among others.
There’s nothing to lose and everything to gain by scheduling a free consultation. Call or contact us today.
