Should I Ever Release My Medical Records To An Insurance Adjuster?
A person should never release their medical records to an insurance adjuster. Instead, people should allow their attorney to get the records and give them to the insurance company. That way, the attorney will have the opportunity to review and discuss them with the client before turning them over to the insurance company. Sometimes there are obvious errors and mistakes in records. For example, I am representing a client who was given a type of medication at a hospital, but there was no record of it having been given. It is important to review medical records in order to catch errors of this nature. We cannot mislead or be dishonest, but we can explain where and in what way a provider or hospital may have made an error in the record.
A person will also have to give their medical records to any company or organization that they expect to pay for their treatment costs, such as their auto insurance carrier, major medical company, Medicare, or Medicaid. It’s best to get as much coverage as possible so that all of the treatment providers get paid for the services they provide. A person will probably have to do this for their own insurance company, but not for the opposing party’s insurance company.
Do You Advise Your Clients To Keep A Journal Of Events Following A Crash?
Whether or not I will advise a client to keep a journal of the events following a crash will depend on the particular case. Sometimes patients are advised by their treatment providers to keep a log of their levels of pain or daily experiences with their injury. However, I always remind people that once something has been put in writing (whether it is in a journal or through email), then there is a very good chance that it will be subjected to discovery. In other words, the at-fault driver will request to see that writing during the course of the lawsuit. This can actually work to an injured person’s advantage by ensuring that they are prepared to discuss their injury in front of a judge or jury. While it may be true that someone was in a lot of pain, simply stating that would not be very descriptive and would not present the case in the best light.
I once represented a client who said she was in a lot of pain; she knew where all the potholes were located on her Sunday drive to church, because it caused her pain to drive over them. So, keeping a journal can be helpful in remembering those types of details. It is important for people to be prepared to defend themselves, because they will likely be cross-examined by the opposing party’s attorney. If someone is honest and forthright, then it will help their case.
How Do You As The Attorney Determine Whether Or Not The Client Should Take The Settlement Offer?
Whether or not someone should accept a settlement offer will depend on a number of factors, the first and foremost being the client’s preference. An attorney mentor once asked, “Are they offering too much money to turn down?” There will always be some degree of uncertainty when going to court because no one can predict what will happen at trial. With that in mind, it must be decided whether or not the settlement amount is adequate compensation to cover medical and other costs.
Some parties will consult with a third-party mediator who will consider the strengths and weaknesses of each side, evaluate the risks of trial, and determine whether or not the settlement amount is adequate. From the moment that a client hires our firm, we will gather all of the information so that we can provide the best advice possible. We have open communication with our clients, meaning that they are always able to rely on us for guidance. If a settlement offer is inadequate, then we will be prepared to go to trial. However, whether or not going to trial is the correct decision will depend on a number of factors and should not be decided on the first day. We are here to help evaluate any offers and determine whether or not a case should proceed to trial.
For more information on Releasing Medical Records To Insurance, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 870-8492 today.
Call Now For A Free Strategy Session