If you or your loved one has been injured in a car accident, do not compromise your health in any way, shape, or form, and seek immediate medical attention. When you receive treatment following an accident, the medical documentation that is generated is one of the most important pieces of evidence that can be submitted in any insurance claim or lawsuit.
Being some of the best car accident lawyers in NYC, we at Alex Yadgarov & Associates have on many occasions seen how medical documentation has influenced the final verdict of a case. Your case is only as strong as the evidence you present, and medical evidence is one of the strongest a lawyer can present in your favor.
Why Are Medical Records Important After a Car Accident?
Your medical records can include your complete medical history, diagnoses, any treatment and rehabilitation plans, prescriptions, body scan imagery, and even physicians’ notes. They are one of the most important forms of documentation that can be used to support your case. They are an important indication of the injuries you have suffered as a result of an accident and the treatment you were subsequently compelled to receive.
For instance, New York state law does not generally allow for victims to file personal injury lawsuits unless they can prove to the satisfaction of the court that the injuries they sustained exceed the “serious injury threshold.” An experienced car accident attorney can use your medical records to demonstrate the extent of your injuries and compel the court as to why you should be allowed to file an action. Long story short, the likelihood of your claims’ or lawsuits’ success greatly depends on your medical records and how your attorney uses them.
From Where Can I Request My Medical Records?
You can contact your healthcare provider and request that they release your medical records to you or any authorized person. You will have to submit a request by completing a specific request form, and you may have to pay a fee as part of the process. The cost will depend on the healthcare provider and the format you wish to receive your medical records. It is possible for healthcare providers to waive fees on medical records and send them directly to your attorney or insurance company.
Who May Request a Patient’s Medical Records?
A person’s medical records are a matter of utmost privacy, and when medical records are released by healthcare providers, it must comply with the regulations established under the Health Insurance Portability and Accountability Act (HIPAA). These records may only be accessed by authorized persons—such as the patient themselves, a legal guardian, or their attorney.
How Long Will It Take To Obtain My Medical Records?
The time it will take for you to receive your medical records will depend on the healthcare provider and the volume of documents you’ve requested. But healthcare providers typically respond to requests within 7-30 business days. Therefore, it is imperative that you start the process of obtaining your medical records as soon as possible.
Other Important Points to Note
- Make a request for your medical records as soon as possible. The sooner your lawyer receives them, the more time they will have to review them, note any inconsistencies, and prepare a strong case in your favor.
- If your request has been delayed or denied, follow up with the healthcare provider’s release of information department. It is possible that you may need to resubmit some forms to verify your identity.
- If you have switched healthcare providers following the accident, make sure that the new provider receives your complete medical history. The presence of gaps in your medical history can weaken your claim.
- Privacy is key—do not share or transfer medical records via unsecured emails or other messaging services.
- Make it a point to have a copy of your records in your possession, apart from the copies sent to your attorney.
Conclusion
At Alex Yadgarov & Associates, we understand that your medical evidence is more than just mere paperwork—it is the foundation of your insurance and personal injury claim. If you or your loved one is injured, don’t leave any part of your case to chance. Contact us to schedule a free consultation with one of our experienced New York car accident lawyers and get all the help you need to build your case, fight for your rights, and receive the compensation you deserve.
