Legal Question in Personal Injury in California

Re: should i sign a medical release form for the other partys insurance company?

To this date I have NEVER EVER allowed my clients to sign an authorization to obtain records. I offer the records and provide ONLY those that are related to the injury.

Do yourself a favor, call your lawyer for proper evaluation of your case. If you do not have one, call me (323)782-0099.

Re: should i sign a medical release form for the other partys insurance company?

no you shouldnt

Joel G. Selik

800-894-2889

www.4thelaw.com

Re: should i sign a medical release form for the other partys insurance company?

If you had to have surgery then you had a significant injury. If you are unrepresented, the insurance company will do all it can to minimize your injury thus leading to a minimal offer to settle. I did insurance defense work for 15 years and I don't trust ANY insurer. You need a lawyer to take a close look at what you have been asked to sign. If you have access to a fax you can send the document to me and I can take a look at it. Remember, you are never "in good hands", there is no "good neighbor", they will "get you back to where 'they think' you belong". It is only about money for the insurer not your well being. The less they pay you the more they get to keep. It is that simple. My fax is 574-255-0018 and voice is 574-340-3890. I practice in Indiana and California.

Re: should i sign a medical release form for the other partys insurance company?

You shouldn't sign anything without having an attorney look it over. The insurance company has no right to government records at this stage.

If you would like, I can look over the document they faxed you. My fax number is 415-369-9053.

Re: should i sign a medical release form for the other partys insurance company?

Thank you for your inquiry.

I would not sign the release without having an attorney look it over first. The principle involved here is that they only need to see what is relevant to your claim of damages, and nothing more. Releases must be assessed based upon their language -- if the release is broad it may permit them to see records and documents that they should not have access to. If you hire an attorney, your attorney can provide documents that are relevant to your injuries and your case. When an attorney is involved, the other side need not seek out the documents themselves and have direct contact with your health care provider. If there is any question about what should, or should not, be turned over, an attorney can negotiate/argue that point for you.

It is difficult to deal with insurance companies without legal representation. They will do everything in the book to help themselves. Often they offer quick settlements so that they can get a good deal before an attorney gets involved. If you are going to go it alone, be cautious. Should you need assistance, feel free to contact my office, which handles personal injury cases as a major component of our practice.

Best of luck and best wishes.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com

Re: should i sign a medical release form for the other partys insurance company?

I would suggest you limit the authorization to the parts of your body that were injured in the accident. However, I never allow my clients to sign authorizations. I copy the records myself and give them to the insurance company. If your case involves surgery, I would suggest you consult with an attorney. You want to find out the amount of the policy limits available to the negligent party.

Re: should i sign a medical release form for the other partys insurance company?

The medical authorization typically is limited to medical records pertaining to the accident, and also is limited to one source of records (certain doctor or hospital, etc.). If the release is more broad, and your medical damages are significant, you may want to check with an attorney before going further. Keep in mind that the California statute of limitations for personal injury is one year from the date of the accident (six months if a government entity is involved).