Can the Defendant Get Copies of Your Old Medical Records?

Accident defense lawyers will do whatever it takes to get their clients off the hook. This means that getting a copy of your medical records will be at the top of their list. If they can prove that you suffered an injury prior to the date of the crash, they may have a good chance of getting your claim dismissed.

Rather than risk this happening, let an experienced Carrollton accident lawyer review your case and your medical records as soon as possible. Make the request of your doctors as soon as possible so your attorney has ample time to review them in-depth.

How Far Back Will They Go?

Most injury attorneys will go as far back as 7-10 years to see if a client has past injuries. The defendant’s lawyer will go back that far as well. They have interns and paralegals who will read through every page of your medical history to see if they can use anything in their defense. You may think something was unrelated or minor.

You still need to warn your Carrollton accident lawyer about this. They can’t afford to be blindsided at some point down the road. You also should be familiar with your medical records for your own purposes. It can take some time for the doctor’s office to process your request so waste no time in getting this done.

Pre-Existing Conditions Can Impact Your Compensation

One thing a lot of our clients forget when they come in to talk about their car accident is their previous medical issues. They don’t realize what an impact previous medical conditions can have on their case. Imagine that you get into a truck accident and injure your back.

Your orthopedic doctor says you need surgery. They estimate that you’ll be out of work for approximately six (6) weeks. You only have enough personal and sick time and vacation time to cover three (3) days. You can’t afford to pay your bills. You have no choice but to hire an accident lawyer.

Your Carrollton Accident Lawyer Will Have These Records Too

It can be a problem knowing the defendant’s legal team has copies of your medical records. Doctors in Georgia must keep medical records for at least ten (10) years. This means they could have a very thick file full of your records. Your Carrollton accident lawyer should request a full copy of your medical records. These records should include emergency room visits, hospital stays, and any visits to your primary physicians.

The goal is to show that, even if you did have a previous injury, it had nothing to do with your present injury. For example, you may have seen an orthopedic doctor for a knee injury. That injury may have been the result of a fall from work. If your current injuries are located near your back, it would be hard for the defendant’s attorney to say one had to do with the other.

No court is going to dismiss your complaint because some doctor thinks a knee injury from 2014 is related to a back injury from a recent car crash.

Schedule Your Free Consultation Right Away

If you get hurt in a car accident, it’s critical that you get to the hospital right away. Georgia accident lawyers tell their clients all the time that going to the hospital is important. Your attorney is going to need to prove that your injuries are new. If you can’t show that your injuries were caused by this accident, you’re going to have a problem.

If a judge or jury sees that you had serious injuries just a few years ago, they may not feel that the current crash is what caused your injuries. Your accident lawyer will have to find some other way to prove causation. Thankfully, they’ve had years of experience handling cases just like yours.

What you should do once you’ve gotten your medical care situated is call our office. Set up a date and time for you to come in for your free consultation. Our Carrollton accident lawyers will give you their honest opinion about your case. If they think your claim has merit, they’ll let you know. But if they don’t think there’s enough evidence to overcome the assumption that your injuries were from long ago, it will be difficult to prove.

Either way, the best thing for you to do is call and talk to one of our Carrollton, GA accident lawyers. Your initial consultation is free, so you truly have nothing to lose.

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