Q: At what point in the settlement process for personal injury do medical records need to be made available to the OP?
No formal response to our demand letter has been received yet, but the opposing counsel representing an insurance company has verbally hinted to our attorney that they may consider a settlement for less than a quarter of the damages their client (our landlord) caused. They want our medical records now, but this feels like a fishing tactic especially when there is no offer actually on the table. Our attorney says this is standard, but I feel it’s a red flag.
A:
In a personal injury case, the exchange of medical records typically occurs during the discovery phase, which starts after a lawsuit is filed. However, in many cases, the parties engage in pre-litigation settlement negotiations before a lawsuit is formally initiated. During these negotiations, the opposing party's insurance company may request medical records to evaluate the claim and determine an appropriate settlement offer.
While your attorney says this is standard practice, your concern about it being a fishing tactic is understandable. Here are a few points to consider:
1. Relevance: The medical records requested should be relevant to the injuries sustained in the incident. If the request seems overly broad or unrelated to your claim, you may want to discuss this with your attorney.
2. Confidentiality: Your attorney should ensure that the medical records are shared under a confidentiality agreement to protect your privacy and prevent misuse of the information.
3. Timing: It's not unusual for insurance companies to request medical records before making a formal settlement offer. However, if you feel the request is premature or being used as a stalling tactic, express your concerns to your attorney.
4. Attorney's advice: Your attorney is experienced in handling personal injury cases and is familiar with the standard practices in your jurisdiction. If they believe providing the medical records at this stage is appropriate, there's likely a good reason for it.
Ultimately, the decision to share medical records should be made in consultation with your attorney, who can best assess the specific circumstances of your case and advise you accordingly. If you have doubts or concerns, discuss them openly with your attorney to ensure you understand the reasoning behind their recommendations.
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