Producing medical recordsMedical records are a big part of any auto accident lawsuit. Whether you are trying to recover auto insurance benefits, or pain and suffering from an at-fault driver, your medical records will play an important part of your case.

At the start of any auto accident case, you will need to sign medical records releases for each of your doctors, hospitals, and therapists. As your case progresses, some of those documents will also be disclosed to the defendants.

Why do I have to produce my medical records?

Whenever a lawsuit is based around someone getting hurt, the medical records about that injury will be part of the case. Parties can request any relevant documents to prove, or disprove, that you were hurt, and how badly.

Some of the strongest evidence of your injury comes from your medical records. They document pain levels, injuries, and treatments.

But if you are going to use it at trial, you have to produce it during discovery, too. The other parties in the case are allowed to review the evidence ahead of time so they know what is coming.

What will the insurance company do with my medical records?

Once your attorney produces your medical records, the insurance company will send them to its adjuster and an “independent” medical expert for review.

The independent medical experts will review your injuries and the history of your treatment. They will decide whether the treatments you receive are reasonable and necessary to treat injuries related to the accident. The answer is almost always no. Instead they will claim treatments were unnecessary or excessive.

The insurance adjuster will focus on the billing – did your doctors charge reasonable fees for your treatment. Again, the answer is almost always no. The auto insurance companies use internal fee schedules that dictate how much they will pay for treatments. Often they do not reflect the market rate.

What can my auto accident attorney do to protect my privacy?

Just because the law requires your lawyer to produce some medical records doesn’t mean that the other parties can do whatever they want with them.

Your lawyer will want to review all of your records, but the other parties are only allowed those records related to your accident. When the auto insurance attorneys try to reach too far, your lawyers can file objections to their discovery requests and ask the court to limit discovery.

Sometimes there is information in your medical records that is sensitive. If you are worried that something could become public, your auto accident attorney can request a protective order, limiting what the parties are allowed to do with the medical records they receive.

If you file an auto accident lawsuit you need to expect to produce medical records. But that doesn’t mean you can’t be protected. Talk to your auto accident attorney about your discovery concerns early, so they can take the necessary action to protect you and your privacy.

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Everyone at Christensen Law was extremely friendly and very easy to work with. Whenever I had a question, they took the time to talk with me and explained everything thoroughly. They were also very quick to return phone calls. I would definitely recommend Christensen Law to anyone in need of a personal injury lawyer.

I suffered Traumatic Brain Injury when struck by a vehicle while walking. My recovery was a long uphill battle; I had little energy to expend on daily routines and even LESS on caring for my home and life. I wondered how I could continue into the future with the difficulties I faced.

I handed the baton off to David and Sarah of Christensen Law. They resolved the unique challenges of my case while buffering me from the opposing side’s onslaught. The case concluded successfully and to my satisfaction with minimal effort on my part.

To ease the burden of the load you carry, make the decision on your legal team today. You’re in the right place – all you have to do now is make the call.

Overall a professional, great team. Everyone knew me and my case. When I left a message, I got a quick reply. Sarah made me feel comfortable going into a courtroom, where I never had been before. Both David and Sarah are very knowledgeable with legal issues. I trusted everyone and am a satisfied client.

V. Watkins

I never knew attorneys could be so accessible and kind. They fought for me all the way to the end. They had to take my case to trial and they won me a great settlement. Now I have a secure future.

 

HH, Davison

I was treated very nicely and professionally with a lot of consideration and compassion for my disabilities suffered in a horrible car accident. Mr. Christensen and Sarah Stempky made sure I understood what was happening with my case and that everything was pulled together.

LG, Stockbridge

As an accident victim I had to have my leg amputated and I was in bad shape overall. David Christensen was a light in that experience. I ended up with an entire home modification to accommodate my disabilities. It was a very stubborn insurance company but David wouldn’t take no for an answer.

CB, Milford

If I had questions or worries Dave would address them with me because he knows what he is doing. I think the world of him. I felt he went above and beyond to turn a really bad situation around. I have hope now where before I felt powerless and miniscule and that these big insurance companies were just going to railroad me.

DT, Jackson

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