Should I release my medical records to the insurance company after a brain injury?

Why You Shouldn’t Sign a Medical Record Release

You’ve probably already heard about HIPAA (Health Insurance Portability and Accountability Act) and know that it protects your personal info and prevents doctors from sharing your medical history. Because of HIPAA laws, a company like an insurance provider has to request you sign a waiver to gain access to medical documentation. They can’t simply look the information up without your permission.

Obviously, you want to prove to an insurance adjuster that you were hurt so you can receive a settlement for your injury’s costs. There’s a big catch, however. Having insurance is important to protect yourself in the event of a catastrophe, but you have to keep in mind how insurance actually operates. Insurance providers are businesses first and foremost. Just like any other type of business, their goal is to make a profit by cutting costs and spending as little money as possible.

Unfortunately, this means there are several ways an insurance adjuster may attempt to trip you up and refuse a payout you are owed. The insurance adjuster’s job is to look for reasons to reduce or deny your claim, such as by using irrelevant medical history to claim your injury occurred in the past. The same is true of social media posts and videos or pictures you upload to your personal profile. Even completely innocent family photos may be taken out of context so the insurer can argue you aren’t actually injured or aren’t as hurt as you claim.

Let Your Personal Injury Attorney Deal With the Insurance Company

The bottom line is that you should not provide a recorded statement or sign a broad release of your full medical records directly after the accident. If asked, politely decline and let the adjuster know you are consulting with your legal counsel before making any decisions.

Instead of immediately signing anything, allow your attorney to provide the details that are needed and craft a more limited release that only includes the records pertinent to the claim. If an emergency room visit for an unrelated issue years ago has no bearing on your brain injury, the insurance company simply doesn’t need to see those records. Additionally, your attorney will investigate the accident to make sure you have all the evidence you need to prove negligence and show the at-fault party is responsible for your brain injury.

Your best bet is to let a legal professional handle medical records issues for you to avoid costly mistakes. Your attorney will also negotiate with insurance so the company takes into account your full costs, like:

Wages lost while recovering in the hospital as well as future losses if you can’t go back to work
The intense pain and suffering often resulting from a traumatic brain injury
Medical bills, including a hospital stay after the original accident, any medications or therapies you require, and any future surgeries or treatments that may be necessary

Finally, it’s important to understand that a traumatic brain injury attorney isn’t just there to talk to the insurance company, but also to potentially file a lawsuit to ensure the statute of limitations doesn’t expire while negotiations are ongoing.

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Have You Or A Loved One Suffered A Traumatic Brain Injury In Virginia?

If you believe you or a loved one suffered a TBI, an experienced traumatic brain injury lawyer can help you focus on recovery instead of fighting a complex battle against an insurance company and the people who caused the injury.

The passion of The Mottley Law Firm is protecting the legal rights of clients who have suffered life-disrupting brain injuries. No matter where you are in Virginia, we want to hear from you. Contact us online or call our Richmond office at (804) 409-0876 to schedule your free consultation.

We welcome clients throughout Virginia, including the communities of Bon Air, Glen Allen, Highland Springs, Laurel, Mechanicsville, Short Pump, and Tuckahoe.

We also have the ability to handle personal injury cases across the United States with appropriate local counsel admitted in the jurisdiction. Schedule your confidential consultation today.

A Unique Focus On Traumatic Brain Injuries

My focus on representing TBI survivors is also unique. Most personal injury lawyers cast a very large net. They pursue, and will gladly accept, any case (large or small) that falls under the general “personal injury” heading. You can spot these practices by looking at their websites and clicking on the “practice areas” drop-down list. What you will see are many practice areas, only one of which will be “traumatic brain injury.” Think of these firms as the Wal-Mart Supercenters of the personal injury lawyer world. Wal-Mart has at least one of everything. The same can be said of most personal injury firms. They handle everything.

Nothing is wrong with such retail personal injury practices. My point is not to criticize that “generalist” approach to personal injury law. My point is simply to illustrate that my practice is different, just like a small nursery selling 20 different types of specialty garden hoses is different than a Wal-Mart selling one type of garden hose. Just like the nursery, I focus on one type of personal injury case – the traumatic brain injury case – and one type of client – the traumatic brain injury survivor.

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