Sometimes we are asked, “Why do you want all this information about my medical history?” or "Why should I authorize you to request my medical records?"

The importance of your medical history cannot be overstated for both disability claims and personal injury claims. Your medical treatment and history are the foundation of your claim file.

So when we sit down and talk, and we are asking you about a medical history that is 5 or 10 years long, or in some cases longer, it is important you be truthful, upfront, and honest with us! This history can be very important in your case.

How are Medical History and Records Important for a Disability Claim?

In a disability case, your medical history is important to show a progression of a disease and the limitations that it causes. If you have been dealing with your condition for a while, we can use your history to show unsuccessful trials of treatment.

It is important when you meet with your representative or case manager to be open and honest and remember everything you can about your medical history and the doctors, specialist, and facilities you went to for treatment. These things are going to be important to build your case.

For disability claims, your medical history is a testament to the journey you've undertaken in battling your condition. Through it, we can demonstrate the progression of your ailment, showcasing the numerous trials of treatment you've undergone. While sharing a comprehensive history might feel daunting, remember that your openness and honesty provide the foundation for a thorough and effective case.

How Do Medical History and Records Impact My Personal Injury Case?

Medical history and records are important pieces of any personal injury claim. Your claim is essentially about showing how and how much you were injured by the fault of someone else. The severity of your injury along with the amount of your medical bills are going to factor heavily in the value of your claim.

The history is going to be especially important in an injury case if you fail to disclose all your prior injuries. If you tell an insurance company or insurance defense counsel you have never been injured before, and they go back and get medical records from 15 or 20 years ago and see you got treatment for 5 or 6 weeks (or few months) for some back problems, they will use that against you!

Why Does Your Lawyer Need to Request Your Medical Records?

Proving you suffered an injury caused by someone else’s negligence is a central issue in an injury claim. For this reason, we need to review and understand your medical records and history.

In personal injury claims, your medical records are pivotal in revealing the impact of the incident. It's not about scrutinizing your past, but rather about substantiating your present circumstances. Omitting prior injuries can be detrimental, as insurance companies might use those records against you. Sharing your history empowers us to present a comprehensive and accurate portrayal of your injuries.

We understand the need to disclose your medical records in a way that not only protects the value of your claim but also protects your right to privacy.

What Medical Records Will Your Injury Attorney Need to Request?

We need to request all records relating to the medical treatment you received as a result of the incident to prove the extent of your injuries and how much treatment you require to help you reach maximum medical improvement.

We may also need to request records from before your accident. Many times, insurance companies will claim that your injuries and symptoms were due to conditions existing prior to the incident, and your previous medical records are needed to prove otherwise or help us understand how you were/are impacted.

Your personal injury attorney's need to request your medical information is a step towards ensuring justice prevails. It's about proving the undeniable link between your injuries and someone else's negligence, all while respecting your confidentiality. By gathering records both pre and post-incident, we can dismantle arguments suggesting pre-existing conditions and establish the true extent of your current situation.

The road to securing your rightful compensation hinges on your medical treatment and records. Your medical history isn't just a big collection of documents; it is a story of your resilience and strength. 

At LJBLegal, we are dedicated to guiding you through the process with compassion and care. We are here to support you every step of the way.

Please call us at 985-240-9773 for a free consultation to discuss your case and address any of your medical concerns.

Loyd J. Bourgeois
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Accident, injury, and disability lawyer serving Luling, Metairie, New Orleans, and South Louisiana