Close Menu
En Español Call Now ADA Website

Gathering Medical Records For A Personal Injury Case


Once you have decided to file a medical malpractice claim or are moving toward a personal injury lawsuit, you will need to access your medical records. These records are an essential part of your claim because they prove the existence of your injuries, their severity, and what resulting treatment plan is being followed.

A Miami personal injury lawyer knows how to obtain your medical records and what to do with them once they have been received. If you are unsure how to improve your chances of securing a maximum compensation package, you need an experienced legal professional to inform you of your options and build a strong strategy.

Moving Forward with a Medical Records Request

If you need to obtain copies of your medical records, you can request them on your own or authorize another to access them. But remember that releasing your records to an insurance company may not be in your best interests. Access to a lawyer you have hired means the records will be in the hands of a professional who is fighting for your rights and for the maximum compensation amount.

While the process of requesting records is not difficult, it can take time and require paperwork. There are forms that need to be filed out and official requests that need to be presented in a written format. Your attorney can do all of this legwork for you.

Health Insurance Portability and Accountability Act (HIPAA) protections are in place, including blocking an unauthorized record release. Never sign a blanket authorization with an insurance company without fully understanding the implications of doing so. For example, if you do want to sign over access, you could do so with a release that only allows access to injury treatments as a result of the accident in question.

HIPAA provides protection of individual information on a federal level. Mental health and medical records are part of an individual’s personal health information and it is up to you to decide who can receive access. There are differences from state to state. On a state level, regulations surrounding fees for copying records, how long access will take, and the period of time that providers are required to store records vary.

Consulting with a Miami personal injury lawyer before filing a claim or granting an insurance company access to your documentation means you will be carefully pursuing your compensation options. Experienced attorneys are familiar with how much claims are worth and how to secure damage recovery. A misstep could mean the difference between a low settlement and full, fair compensation.

Is an insurance company representative asking you to sign release forms connected to obtaining records? Do not sign any documents or agree to accept a settlement offer without talking to an attorney. The legal team at Spencer Morgan Law provides no-cost, confidential assessments. Then, you will fully understand your rights and can determine a strong path moving forward. Reach out to discuss the details of your situation. Contact at 305-423-3800 to schedule your free consultation.

Request a Free Consultation

Please fill out the form provided and one of our dedicated Miami injury lawyers will assist you in scheduling a free consultation.

* All Contact Form Fields are Required I acknowledge that contacting Spencer Morgan Law through this website does not create an attorney-client relationship, and information I send is not protected by attorney-client privilege.