You have been injured in a car accident that was not your fault, and now you are seeking payment for medical bills from the insurance company of the person who caused the injury. You learn that the guilty party’s insurance company is requesting your past medical records. What do you do? First, you need to have an experienced attorney represent you. One thing that everyone knows is that before an insurance company pays one dime toward a claim, a claims examiner will look for every reason to deny all or part of the claim. In fact, the insurance company may try to show that a pre-existing condition is the cause of your pain and suffering. Accidents not only cause injuries, an accident can impact you and your family emotionally and financially for a long time. This is why you need an attorney who is an expert in personal injury.
How can my past medical record work against me?
Suppose you had back pain for several years and recently had surgery to alleviate the problem. Perhaps you were mostly pain-free after the surgery, but after the accident, you began experiencing debilitating back pain. To avoid paying you what you are entitled to, the insurance company may attempt to link your suffering to your pre-existing condition. Furthermore, after you have a car accident, if the doctor who examines you does not state clearly in your medical record that the accident was the cause of your pain, that can impact your claim. When you sustain an injury as a result of an accident, make sure that the doctor who examines you documents that the accident is the cause of your pain or injury.
How can an attorney can help?
Consult a Denton car accident attorney before you release your medical records to an insurance company. Your attorney can review your medical records, and if you have a pre-existing condition, he or she will know what information the insurance company might use to deny your claim. This is why it is important for you to disclose any information about prior injuries or pre-existing conditions to your attorney. Even if you have a pre-existing condition related to an injured area, an accident can aggravate that condition and make it worse.
An insurance company does not need your entire medical history. The claims examiner needs the portion of the medical record that documents injury to the part of your body that was affected by the accident. Your attorney will not allow an insurance company to have unrestricted access to your medical history, but will ensure that the insurance company gets the information that they are legally entitled to review.
Don’t be intimidated by an insurance company that does not want to pay. If you don’t have an attorney to look out for your interests, an insurance company may offer a quick settlement that may be significantly less than you deserve.
An insurance company should not be allowed to turn you, the victim, into a defendant. When you are injured due to the actions of another driver, you deserve to be compensated. When you request the expert assistance of an attorney, you can rest assured that he or she will hold the insurance company responsible for damages. If you are the victim of an accident, get the help you need by contacting a Denton car accident lawyer to help you.
Call our law offices today at any of our convenient locations and get a free consultation.
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