Legal Question in Personal Injury in Ohio

rear end collision and medical release form

I was hit from behind in Dec. 2005. I have about $30,000+ in medical bills so far.

I had locked my arms and pushed against the seat since I saw the other driver was not going to stop. The other driver was cited.Consequently, I received a severely torn Rotator cuff that required surgery, as well as injuries to my neck and back. I have had nerve blocks, therapy and RFI(burning of the nerve branches in my neck and back) I am still in Physical Therapy for my shoulder. I opened a ''medical claims only'' account thru my insurance until I settle with the other driver, and they will not pay unless I give them a medical records release form. My insurance is questioning the feasibility of the injury to my shoulder. I do not work in a repetitive type of job and have never had any injury to my shoulder. I have given the previous two years of my medical records to the adjuster. The records release form they sent me says they will not pay any bills until they receive it back. Do I have to sign this form and basically give them free reign to go thru my entire medical history? Thanks for your help.


Asked on 12/04/06, 7:40 pm

3 Answers from Attorneys

Eileen Joyce Baughman & Joyce LLC

Re: rear end collision and medical release form

With the amount that you have in medical bills and the type of injury you stustained (both of which have a significant bearing on settlement value), my only advice to you is to retain an attorney. Otherwise, you will, more than likely,sell yourself very short.

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Answered on 12/05/06, 11:48 am
David Davies Law Office of David H. Davies

Re: rear end collision and medical release form

Your contract with your insurance Company does require that you cooperate with them if you want the benefit of the insurance. I strongly urge you to talk directly to an attorney about this claim before you sign any more documents. Attorneys who handle these types of claim will usually give you a free, no obligation meeting to discuss your case and in that meeting you can get a lot of useful information. If you do decide to hire the attorney, the legal fees are usually based on a percentage of the money that the attorney can get for you. Statistically, you will end up with more money in your pocket at the end of the case if you have an attorney represent you. You have a significant injury that will most likely be with you in one form or another for the rest of your life. Don't let the insurance company bully you. You pay for the insurance and are entitled to the coverage. I have been successfully representing people injured by someone elses negligence for 33 years in both Ohio and Florida. I will be happy to discuss this with you without any cost or obligation. You can call or email me with contact information.

Good Luck

DHD

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Answered on 12/05/06, 3:12 pm
Joseph Jacobs Jacobs & Lowder

Re: rear end collision and medical release form

I cannot believe that you have not hired a law firm to be handling this for you. What are you thinking? Hundreds of lawyers would love to help you with your case because it certainly appears to be sizable. You have no idea how much money you are about to lose if you do not get represented. You don't have to call me, but any person within the system would reccomend that you get help immediately from a lawyer. You will lose your right to sue on any claim you have that has a one year statute of limitations once you reach the one year anniversary.

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Answered on 12/04/06, 8:27 pm


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