The Importance of Medical Records

It sometimes seems like insurance adjusters are never satisfied with a personal injuryJacksonville accident injury attorney claim. You might find that the adjuster for your personal injury claim is constantly requesting more and more documentation of things than they should realistically need. This is often used as a stalling or negotiation tactic to try to get you and your Jacksonville accident injury attorney to reduce your settlement demand. As part of your personal injury claim, your attorney will send the adjuster copies of your medical bills, medical reports and loss of income information. This is standard procedure, and is often sufficient information for the adjuster, or at least enough to move to the next stage. If this proves insufficient, your attorney might try to force their hand and ask for an official settlement offer before agreeing to send over additional materials. If the adjuster still refuses, your Jacksonville personal injury lawyer might send them the message that the information they want can be obtained as part of discovery after you file your lawsuit. Digging Deep: When Prior Medical Records Are Requested Many insurance carriers, especially large conservative ones, will request all of a claimant’s medical records for the five or ten-year period prior to the incident pertaining to the claim. Gathering and collecting all of these records from all of your medical care providers is usually untenable and significantly expensive, which will serve only to delay settlement. If this happens, your attorney might respond in a few ways. If you have no prior injuries to the area of your current injury and no substantial medical history, then your attorney might invite the insurance company to obtain all the medical records for the five or ten-year history, knowing full well the records will not show anything damaging to your case. It will also be relatively inexpensive and quick to obtain the necessary records if you do not have a substantial medical history. By contrast, if you have had prior injuries to that area, it is better to let the insurance carrier know. Telling them beforehand of a pre-existing condition increases your credibility. If you have more questions about how to deal with insurance company demands in your personal injury claim, contact Jacksonville accident injury attorney John Fagan at 904-278-1000.  

About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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