Let The Records Speak

30 April 2018
 Categories: , Blog


For those injured by another driver's carelessness, there is no bigger piece of evidence than medical records. It can be easy to overlook the importance of something that you might be taking for granted but read on to learn just how vital these records can be to your case and to your eventual compensation award.

Who's Paying for Your Medical Care?

When you get a cold, you might depend on your health insurance plan or an affordable urgent care facility to help you get medical care. When it comes to car accident injuries, things are a bit different. Who pays for your medical care depends on whether or not the other driver has insurance and if they are willing to pay for your care. In most cases, the at-fault driver's carrier will go ahead and foot the bill if it appears that their client was at-fault; they can always make a claim for reimbursement through other sources if it turns out they are wrong.

Why Should I Worry About Medical Care?

Since you are likely getting your medical bills paid you might be blissfully unaware of the dollar amount of costs that are probably piling up. Even a minor injury can result in thousands of dollars, particularly if you had to ride the ambulance or were hospitalized. You should understand that the higher your medical bills, the higher your compensation for pain and suffering might be.

Getting Compensated

There is a connection between your insurance or personal injury settlement and the dollar amount of your medical expenses, and it revolves around getting paid for pain and suffering. There is really no way to place a value on something like pain and suffering, so the next best thing might be to use the total cost of your medical care as a basis for awarding compensation. This means always being aware of your medical receipts and accessing your medical records.

You Have Rights

Thanks to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), all consumers have a right to get copies of their medical records. You must submit the request in writing and the medical facility has to comply within 30 days. With most records being computerized, you might be handed a disk instead of a pile of paperwork, but be sure to check over everything to ensure that every single appointment, diagnostic test, medication, hospitalization and other treatments are listed. You also have the right to access the financial side of things, such as the billing and payments, regardless of who is paying.

If you are not getting offered the compensation you know you deserve, speak to a personal injury attorney like Kenneth P Hicks as soon as possible.