South Florida Injury Lawyer Blog
If you’ve been involved in any kind of accident in Florida, whether it was a car accident or other vehicular accident, a slip and fall, or any other accidental injury caused by someone else’s negligence, your insurance company and the other party’s insurance company will try to get your medical records. Do not sign a medical release form without first talking to our team, or you may be signing away your chances for a fair settlement.
Insurers may try to say that such medical release forms are routine. They may be routine for them, but they can be extremely detrimental to the injured party. Why? Because a medical release form will give the insurance company access to all your medical records, which they can and will use against you to limit or completely annihilate your claim.
How does that work?
If you’ve been injured in an accident and you release your medical records, the other insurer will comb through your records to find some excuse to refuse to pay for injuries. For instance, if you experienced a severe back injury from a slip and fall, they will look for evidence of previous back pain. If you ever mentioned a sore back to your doctor, have ever been to a chiropractor, or ever had pain medication prescribed for anything, they could argue your injury was a pre-existing condition and refuse to compensate you for your injuries.
Even your own insurance company should not receive access to your medical records. Insurance companies make a profit by bringing in more money through their policies than they pay out from operating expenses, including settlements and lawsuits. The less they pay out to their insured clients or to those injured by their clients, the more money they keep in their pockets.
The only medical records an insurance company needs are those that pertain to your particular claim. That would include:
- Medical records directly related to any medical care associated with the injury from the incident in question
- X-rays, test results, and other documentation regarding the injury
- Proof of treatment you have received due to the injury
- Any estimates by medical experts or your medical practitioners of potential future damage or complications due to the injuries – for instance, if your doctor predicts your back injury will likely worsen over time, leading to additional complications or disabilities
Obviously, the negligent party’s insurance company does need medical evidence of your injury and anything associated with your injury, but that is all. This is true also for your own insurance company.
In short, don’t sign anything without talking to us first. As a Florida personal injury lawyer, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained due to someone else’s negligence. Contact me at (954) 448-7288, 24/7 for a free consultation from anywhere in Florida to discuss your case. We will discuss a plan to ensure both insurance companies have what they need, and only what they need, to put you on the best footing for your case.
I am committed to helping the “little guy” against corporate insurance companies whose goal it is to settle for as little money as possible. I leave no stone unturned to help my clients receive the full compensation they deserve.