Our Portland personal injury attorneys in Oregon at the Law Offices of Jon Friedman know that the key to each of our clients’ successes — inside and outside the courtroom — is proving that another person or party’s negligence caused their physical injuries, which resulted in financial damages.
Whether the injuries occurred during a vehicle collision, slip and fall incident, or another injurious circumstance, the evidence of the harm that occurred will come directly from their medical records. These medical records will serve as a blueprint of their overall short- and long-term treatment needs and physician’s care recommendations, acting as the cornerstone of their personal injury cases.
This fact also makes medical records valuable to insurance companies. Here is why.
Medical Records Can Make or Break Your Oregon Personal Injury Claim
In Oregon, when someone suffers a personal injury caused by negligence, they have the legal right to pursue the liable party’s insurance company for their damages.
Upon receipt of this claim, the insurance company will do all it can to undervalue or deny it.
Regardless of the insurance company, the representative will be well-versed in its tactics and protocols that protect their employer’s bottom line, which may include:
- Contacting injury victims at their most vulnerable to manipulate their version of the accident or the severity of their injuries.
- Wording their questions to be answered defensively, resulting in the injury victim taking partial responsibility for the accident.
- Recording the injury victim’s statement to be used against them later.
- Explaining to the injury victim that the only way the insurance company can evaluate their injuries — and potentially pay the claim — is to review their medical records.
Each tactic is misleading — especially the request for your medical records.
The Health Insurance Portability and Accountability Act of 1996, or HIPAA, states that no one can view another party’s medical information without their written permission — including an insurance company.
To get around this critical law, insurance companies may provide documents that require a signature to move forward with a claim, which may contain a waiver to release the individual’s complete medical records and history.
This means the insurance company will have access to any past illnesses or injuries and can use that information to blame your current injuries on a pre-existing condition, separate injury, or another accident to avoid paying for your complete recovery needs. Do not give the insurance company any room to dispute your claim. We can help you avoid this and other common mistakes, starting with a free consultation.
Contact Our Experienced Personal Injury Lawyers in Oregon for Help Today
Contact our Multnomah County personal injury attorneys at the Law Offices of Jon Friedman at (503) 242-1440 or online today to schedule a free consultation and get the help you need to make informed decisions about the direction of your case.