Should I Share My Medical History During a Personal Injury Claim?

A commonly asked question regarding personal injury claims revolves around whether or not a person should reveal their medical history to their insurance adjuster. As insurance companies conduct their own investigations surrounding the circumstances of your accident, many are unsure if it can hurt their chances of success if they disclose certain information. The short answer to this question is no, you probably should not share your medical history with your insurance company.

While medical records surrounding your accident will need to be shared, there is no law saying that you need to reveal any additional information about your previous medical history if the claim is not being litigated. If given the chance, insurance adjusters will scour through your medical background in an effort to find some reason to deny you compensation. If it is requested that you provide information that seems irrelevant to your injuries, it is best to consult with an attorney. Bear in mind that as a lawsuit commences, your medical history may be requested and would subsequently need to be provided.

If medical records should ever be needed, make sure they are provided by you and under your own means. Do not sign any sort of document that allows an adjuster to access your records, as you are in essence signing away your rights and giving them unrestricted access to your entire medical history. Only give them what they need.

Independent Medical Examinations

Sometimes, the difference in claim value can be vastly different between what a claimant believes it to be worth and what the estimates of the insurance company indicate. In these scenarios, an insurance adjuster may request an independent medical examination (IME) in which you will be evaluated by a physician chosen by the insurance company. Consenting to this is rarely a good idea, as insurance companies choose doctors that they think will likely favor their opinion.

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The best course of action is to consult with an experienced Fort Lauderdale personal injury attorney from Weinstein & Scharf, P.A. Upon an examination of your situation in greater detail, we can advise you on what information you should and should not disclose, as well as the most appropriate course of action to take. Our lawyers have more than 65 years' worth of collective legal knowledge, giving us the necessary skills to maximize your chances of securing a fair settlement.

To get started towards retaining powerful legal representation, contact our office online or request an initial consultation today!