Cornish, ME asked in Personal Injury for Maine

Q: At what point in the settlement process does one make medical records available to the OP?

The OP’s insurance company has verbally hinted that they *may* be willing to *consider* settling outside of court for a quarter of the actual damages their client is responsible for, but they want my husband and I to surrender our medical records first. Our lawyer has told us it’s our job to hand them over now, even though there has been no formal written response to our demand letter. This feels totally wrong, like a fishing tactic by the OP. Is that how this is supposed to work, or is this a red flag?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: A Maine attorney could advise best, but your question remains open for a week. Your attorney is correct. Their request is not a "fishing tactic," as you suspect. That's the way the bodily injury claims process works. They need your records to evaluate your injuries. The records are necessary to support the assertions likely made by your attorney in the demand letter. Good luck

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