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They will have the right to access past medical history once we are in the litigation and court process. It is not blanket access, but usually, they will have access to five to ten years of medical priors, primarily if the medical treatment in the past is directly related to the injuries that are being alleged for the incident claimed. For example, if somebody injured their back and had to have surgery to their cervical spine area if the case ever made it into court, then the defendant would have access to your medical history of at least five years. If you received treatment for conditions that could be directly related to the case, this access would be even more invasive.

However, it is also a matter that can be argued in court. There is an argument that even if you did have a prior existing injury, it is an injury that was exacerbated by your accident. In that regard, the other party should be responsible because you wouldn’t have had to have the surgery without the exacerbation, and you wouldn’t be in continuing pain. Sometimes insurance companies will try and ask for you to provide five years of medical treatment records. Still, they certainly don’t have access to that until you make it a point of contention in the lawsuit, which will happen because damages will always play a part. Your medical treatment will always be an issue that comes up, and again, it’s not fatal one way or the other. If you did have prior medical treatment in the past, it’s not something that should discourage you from seeking a claim if you have been injured or if that injury has been exacerbated by another accident.

How Long After A Car Accident Do I Have To File A Personal Injury Claim In Florida?

The statute of limitations to file a lawsuit for a claim of negligence in Florida is four years. There are some exceptions, though. For example, if we speak about a medical malpractice case against a doctor’s negligence, that’s different, and there are concrete timelines. Suppose there is a situation where you think a doctor has wronged you during treatment. In that case, you need to speak to an attorney as soon as possible because medical malpractice laws are precise and detailed. Still, if it’s a general negligence claim like a car accident or a slip and fall, then it’s four, and in the government’s case, three.

What Is My Responsibility In Notifying Mine And The At-Fault Party’s Insurance Company Of The Accident And My Injuries?

Any time that you have a claim, it is your responsibility to notify the insurance companies involved. If you are injured in a car accident, and it’s the fault of somebody else, you will have to inform the other party’s insurance company that you have a claim against them. In that case, it would be under their bodily injury policy coverage. There is no necessary timeframe, but the sooner, the better that we can notify them of the claim. This will ensure the claim begins moving, and you can start recovering damages as soon as possible.

Suppose you are at all even considering involving an attorney. In that case, you don’t want to communicate with the other party’s insurance company whatsoever without that attorney handling the specifics of the exchange. Even in the initial contact, they will try to get you to give a recorded statement under the guise that they are trying to assist you.

If you downplay your injury for any reason to the opposing insurance company, they will use it against you later in the process. It is imperative to notify them of a claim right away, but you’ll always want to do that through your advocate, and not on your own.

For more information on Access To Past Medical Records In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 379-8030 | (786) 785-2555 today.

Geller Tamayo, LLC

Call Now For A Personalized Case Evaluation
(954) 379-8030 | (786) 785-2555

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