Legal Question in Personal Injury in Illinois
I was injured at a local store. A display type box (above shoulder height on shelf) of the new style large curved shower curtain rods fell on my head and shoulder. (It contained 5 of these curtain rods) I reported it to the store manager on duty as none of the employees I came in contact with cared to do anything about the incident, and a few days later someone called to check up on me and I told them I wanted to file a claim.
A representative for the claim called and recorded our conversation and said if I sought medical care to call back and they would send out a medical release form for me to sign. I told her that I definitely needed to seek chiropractic care as the box falling on my head and shoulder have aggravated a pre-existing condition. (I realize now that I probably shouldn't have mentioned that fact) She went ahead and mailed out a form.
Problem is, we just moved here and I have no form of transportation. I am unable to work due to other health problems, but do not receive disability. We rely solely on my fiance's income and whatever we need has to wait til he gets off work. I finally found a chiropractor that I could attend as I have multiple chemical sensitivities and it takes some time to find an office that has no fragrances being used, lysol etc.
I have been there at least 6 times now and am doing better, but still require adjustments 2x week currently. Almost ready for once a week visits and hopefully once a month after that.
The store representative had told me if I sought medical care to call and let her know and they would look at my records and see if they would come to a settlement. She said I could go anywhere I wanted for treatment.
Is it common for a company to have you fill out a medical release form that says they can request access to medical records other than the ones directly related to an incident? It's been almost a month and I haven't signed the form yet, but she called the other day and left a message asking if I'd received care and to call her. I don't know what to do about the form?
Should I fill it out and see what kind of a settlement if any they come back with before contacting a lawyer or should I contact a lawyer before signing the form. It looks like a standard, generic accident compensation form for work or consumer. Basically, it has you check a box of what kind of claim it is and then asks your signature for release of any medical records and requires a social security number. That is the part that bothers me most, I guess. I am always leary of giving that info out. I know it is probably standard practice.
Again, I do not work and I have no transportation. So money is very limited and time is also as my fiance' already works 10-12hr days regularly and we find it very difficult to see the chiro 2x week. Trying to also fit in time to see a lawyer would be extremely difficult, but we would do what we need to if it is something we should do instead of filling out this form.
Is there a time limit on filling this out also?
3 Answers from Attorneys
You need to speak with a personal injury attorney immediately. You should not have given a recorded statement--you may have damaged your case more than you know. The insurance company is not entitled to your recorded statement and inevitably and always will try to get you to say things in a manner advantageous to their side. You should not sign a medical release. they are not entitled to go snooping around in your medical records from birth to now and until your case is settled - read the release. If you absolutely feel you want to do this, you will need to limit the scope of the release by modifying it.
If you want fair compensation for your injuries this sort of things is not something you can do it alone-you do not know the law and the adjuster is trained to steer you into accepting les than what they owe you. You can only add insult to injury by allowing the insurance adjuster take advantage of you.
I hope this helps-
I have been handling injury cases in the Calumet Region for over 20 years and overall for almost 30 years and disagree with some of what Nima stated. I agree that it is unfortunate that you gave a statement becuase he is correct on that point. However, if you want a quick settlement, you will have no choice but to provide a medical release so that the insurance company can determine whether the treatment received is related to the occurrence and to learn about preexisting conditions, if any. I know of no insurance company that will settle without having first received a medical release. If you sued, the court would allow them to obtain these records.
I need to add that the fact that you had a pre-existing condition would have been uncovered so your disclosure is not damaging. In Illinois and Indiana, you can obtain a recovery for an aggravation of a pre-existing condition. You also can recover the costs involved in seeking medical care, including transportation costs.
The prior attorneys have given mostly good advice, however a recorded interview is not admissible except under cross examination. Mr. Taradji is not correct in advising about your recorded interview. It is evidence and WILL be produced. Further, if you wish to present a Med Pay claim, the insurer is going to do NOTHING without a release. It is up to you whether you wish to sign one or not.
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