Adoption 101: The Legal Fundamentals

3 Medical Record Red Flags That Can Negatively Affect Your Personal Injury Settlement

30 November 2018

Brayden Miles

 There are numerous forms of evidence when it comes to your personal injury case, but one of the most important pieces is your medical records. Sadly, when it comes to the adjusters at the insurance company, their job is to do whatever they can to lower your insurance settlement. To do this, they look for certain red flags in your medical records, and if they are found, they can significantly reduce your settlement or possibly even cause your claim to be denied altogether. To help ensure that your medical records are complete and hopefully increase your overall chances of a solid settlement, it helps to understand what the red flags are.

1. Previous Accidents

The adjuster will look at your medical records for a history of prior accidents and see if there is a way to use injuries from those accidents against you.

2. Preexisting Injuries

Apart from injuries from prior accidents, any injuries that you have suffered from anything in your life—like sports injuries—will often be used against you. The insurance adjuster will attempt to connect the symptoms and pains to your current accident, even if they aren't related in the slightest.

3. Gaps in Medical Treatment

If there are any gaps in your medical treatment at all, then an insurance adjuster is going to find them. If it seems as though you are failing to seek immediate treatment after your accident or you are failing to follow up with the advised treatment plan from your medical provider, the insurance adjuster—along with the defense attorney—will use that information to claim that your injuries are not nearly as severe as you are claiming them to be in your personal injury lawsuit. Also, if you frequently don't show up to your scheduled appointment, this will be used against you; the defense could argue that since you can skip your appointments, your injuries must not be too severe.

In the end, your medical records weigh very heavily on the final outcome of your personal injury case and monetary settlement. Therefore, it is crucial that you make certain your medical records are accurate and that there aren't any red flags that could essentially put your personal injury lawsuit in jeopardy.

The best thing you can do is begin working with a personal injury attorney as soon as possible after you have been in an accident. Your attorney can work to ensure your records are accurate, and if there are any errors, he or she can work to ensure that they are corrected before the records are submitted for review by the insurance adjuster or defense. Contact a law office like Steele Law Offices, LLC, for more assistance and information.

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