As an experienced personal injury attorney law firm in New York, Omni Injury and Accident Law, P.C. understands the importance of safeguarding your medical records following an accident. These records serve as the foundation of your injury claim and can significantly impact the outcome of your case. It is crucial to understand your rights and the potential consequences of sharing your medical information with insurance companies.
The Role of Medical Records in Personal Injury Claims
After sustaining injuries in an accident, seeking medical attention is paramount. Your medical records will document the extent of your injuries, the required treatment, and the potential long-term impact on your life. This information is essential when pursuing compensation for your medical expenses, lost wages, and pain and suffering.
Why You Should Not Share Your Medical Records with Insurance Companies
Insurance companies often contact accident victims shortly after the incident, seeking to gather information and build their case. They may request access to your medical records, claiming it is necessary for processing your claim. However, it is crucial to remember that insurance companies are primarily interested in minimizing their financial liability.
By signing a blanket release agreement or authorization form, you may inadvertently grant the insurance company access to your entire medical history. They will meticulously review your records, searching for any pre-existing conditions or previous injuries that they can use to undermine your current claim. This tactic allows them to argue that your injuries were not caused by the accident in question, potentially leading to a reduced settlement or outright denial of your claim.
Protecting Your Privacy and Legal Rights
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 safeguards your medical information, prohibiting unauthorized access without your written consent. While both insurance companies and attorneys require your permission to view your medical records, it is essential to exercise caution when granting such access.
As your personal injury attorney, I strongly advise against signing any insurance authorization forms without first consulting with me. Together, we can ensure that only the relevant medical records pertaining to your current injuries are shared with the insurance company, preventing them from exploiting your past medical history against you.
Navigating the Complex World of Personal Injury Claims
Pursuing a personal injury claim can be a complex and daunting process, especially when dealing with insurance companies that prioritize their own interests. By working with an experienced personal injury attorney, you can protect your rights, maintain the confidentiality of your medical records, and maximize your chances of securing the compensation you deserve.
If you or a loved one has been injured in an accident in New York, I am here to help. Contact Omni Injury and Accident Law, P.C. today at (646)-736-4184 to schedule a free, confidential consultation. Together, we will develop a strong legal strategy to protect your medical records and fight for the justice you deserve.