Baxley Maniscalco Attorneys At Law
What Is the Prelitigation Claims Process?
The prelitigation process in a personal injury claim refers to the steps that are taken before a lawsuit is filed.
This process is designed to try to resolve the dispute between the parties without the need for a lawsuit.
Here are the typical steps in the prelitigation process for a personal injury claim:
- The injured party (plaintiff) consults with a personal injury attorney to discuss their case and determine if they have a valid claim.
- The attorney investigates the case to gather evidence, such as witness statements, medical records, and photos of the accident scene.
- The attorney will negotiate with the defendant or the defendant's insurance company to try to reach a settlement. This will involve exchanging demand letters, which outline the plaintiff's damages and the amount of compensation they are seeking.
- If a settlement cannot be reached, the attorney may consider alternative dispute resolution (ADR) methods, such as mediation or arbitration, to try to resolve the case.
If the case cannot be resolved through negotiation or ADR, the plaintiff may decide to file a lawsuit.
What Are the Steps of the Prelitigation Process and Can I Handle It Myself?
Generally, it makes more sense to work with an experienced personal injury attorney early in the claims process to make sure that the circumstances that led to your injury and the extent of your medical expenses, lost wages, and other personal damages are properly documented and that evidence is preserved.
However, if you would like to better understand the process or are interested in doing it yourself, read on for a general overview of the process of making an injury claim with the liability insurance carrier.
Gathering information and evidence is an important part of the prelitigation process for making a claim after an injury. The information and evidence gathered can help to support and strengthen the claim and may be used to negotiate a settlement or to present the case in court.
Some types of information and evidence that will be relevant to a claim after an injury include:
- Physical evidence: Physical evidence may include objects or materials related to the accident or injury, such as photographs, video recordings, diagrams, or diagrams. Physical evidence can help to demonstrate the circumstances of the accident or injury and may be used to support the claim.
- Witness statements: Witness statements may be obtained from individuals who were present at the time of the accident or injury and can provide valuable testimony about what happened. Witness statements should be detailed and should include the name and contact information of the witness.
- Medical records and bills: Medical records and bills can provide important information about the extent and severity of the injuries sustained in the accident or injury. They can be used to support a claim for damages related to medical treatment and other related expenses.
- Lost wages and other economic damages: If the injury has caused the victim to miss work or to incur other economic damages, it may be possible to recover these damages as part of the claim. Documentation of lost wages and other economic damages, such as receipts or invoices, can help to support the claim.
- Pain and suffering: Pain and suffering damages may be available to compensate the victim for the physical and emotional distress caused by the injury.
Evidence of pain and suffering, such as statements from the victim or testimony from friends and family, can help to support the claim.
What Types of Documents Should Be Gathered to Support a Personal Injury Claim?
You will need to gather several documents to support your personal injury claim. The specific documents needed will depend on the circumstances of the case. Documents that are typically needed in injury claims include:
- Accident report: If the injury occurred in an accident, it is important to obtain a copy of the accident report. The accident report contains important information about the circumstances of the accident and who was at fault in causing it and will go a long way to establishing the liability of the responsible party.
- Medical records and bills: Medical records and bills provide important information about the extent and severity of the injuries sustained in the accident or injury. They will be used to demonstrate the damages portion of the claim for payment, the actual economic costs of the injuries sustained, and shed light on the potential pain and suffering value appropriate to the case.
- Lost wages and other economic damages: If the injury has caused the victim to miss work or to incur other economic damages, it may be possible to recover these damages as part of the claim. Documentation of lost wages and other economic damages, such as pay stubs or receipts, can help to support the claim.
- Witness statements: Witness statements may be obtained from individuals who were present at the time of the accident or injury and can provide valuable testimony about what happened. Witness statements should be detailed and should include the name and contact information of the witness.
Photographs and video of the accident scene, the injuries, and any relevant objects or materials can be used to support the claim. It is important to take photographs and video as soon as possible after the accident or injury, as the condition of the scene and any relevant objects may change over time.
How to Gather Your Own Medical Records to Make a Personal Injury Claim
To obtain copies of your medical records and bills, you will need to request them from the healthcare provider or facility that treated you. Each provider or facility may have their own process for requesting medical records, so it is important to follow their specific procedures.
Here are some general steps to follow when requesting copies of your medical records and bills:
- Contact the healthcare provider or facility: Contact the healthcare provider or facility that treated you and ask for their process for requesting medical records. They may have a specific form that you will need to complete or may have an online portal for requesting records.
- Provide your consent: You will typically need to provide your consent for the release of your medical records. This may involve signing a consent form or providing consent through an online portal.
- Specify the information you are requesting: When requesting your medical records, be specific about the information you are requesting. This may include specific dates of treatment, specific types of records (such as laboratory test results or progress notes), or specific providers or facilities.
There may be fees associated with obtaining copies of your medical records and bills. These fees may vary depending on the provider or facility and the amount of information being requested.
Use the Patient Portal to Order Medical Records
Many healthcare providers offer a patient portal, which is often the easiest way to obtain your medical records. A patient portal is a secure online platform that allows patients to access their medical records and other healthcare information. Patients can usually request a copy of their medical records through the patient portal by following the prompts on the site.
What is the HITECH System and How Can You Use It to Gather Your Medical Records?
HITECH, or the Health Information Technology for Economic and Clinical Health Act, is a federal law that was passed in 2009 as part of the American Recovery and Reinvestment Act. It aims to promote the adoption and meaningful use of electronic health records (EHRs) and other health information technology (HIT) in the United States.
In the state of Alabama, healthcare providers may use the HITECH medical records system to store and manage patient medical information electronically. This can include electronic health records (EHRs), electronic medical records (EMRs), and other types of health information technology (HIT) systems.
Healthcare providers in Alabama may use the HITECH medical records system in many ways. For example, they may use it to:
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Store and manage patient medical information electronically
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Share patient medical information with other healthcare providers
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Track patient care and outcomes
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Improve the efficiency and quality of healthcare delivery
To use the HITECH medical records system in Alabama, healthcare providers may need to meet certain requirements, such as demonstrating meaningful use of the system and complying with federal and state laws, including the Health Insurance Portability and Accountability Act (HIPAA). These requirements may vary depending on the specific EHR/EMR system being used and the healthcare setting in which it is being used.
How to Order Medical Records With HITECH
Under the Health Insurance Portability and Accountability Act (HIPAA), patients have the right to access their medical records. This includes the right to request a copy of their medical records and have them delivered to them or another person or organization of their choosing.
If a healthcare provider uses an electronic health record (EHR) or electronic medical record (EMR) system that is compliant with HIPAA, such as a HITECH-certified system, patients may be able to request and receive copies of their medical records electronically.
To request their medical records using the HITECH system, patients need to follow these steps:
- Contact the healthcare provider or facility where they received treatment. Patients can find contact information for the provider or facility on their billing statements, or by searching online or calling directory assistance.
- Request a copy of their medical records. Patients can make this request in writing, by phone, or in person. Some healthcare providers may have a specific form that patients can use to request their HITECH records.
- Provide any necessary identifying information and specify that they want to receive their medical records using the HITECH system. Patients may need to provide their name, date of birth, and other identifying information to verify their identity.
Once the request has been made, the healthcare provider or facility has 30 days to respond. If the request is granted, the provider or facility will deliver the records to the patient or the designated recipient in the manner requested.
It's important to note that patients have the right to request and receive copies of their medical records even if the healthcare provider or facility does not use a HITECH-certified EHR/EMR system. In this case, patients should contact the provider or facility directly to find out how to request their records.
How to Read an Insurance Policy Declarations Page
An insurance declarations page, also known as a declarations sheet or dec page, is a document that summarizes the key terms and coverage of an insurance policy. The declarations page is typically the first page of an insurance policy and provides a snapshot of the coverage provided by the policy.
The declarations page typically includes the following information:
- Policy number: The policy number is a unique identification number assigned to the insurance policy by the insurer.
- Insured's name: The declarations page will include the name of the individual or entity that is insured under the policy.
- Policy period: The policy period is the length of time that the insurance policy is in effect. The declarations page will include the start and end dates of the policy period.
- Coverage limits: The declarations page will include the coverage limits of the policy, which is the maximum amount that the insurer will pay for a covered loss.
- Deductibles: The declarations page will include the deductible, which is the amount that the insured is responsible for paying before the insurance coverage takes effect.
- Premium: The declarations page will include the premium, which is the amount that the insured is required to pay for the insurance coverage.
The declarations page will also include details about the specific coverage provided by the policy, including the types of losses that are covered and any exclusions or limitations on the coverage.
What Does It Mean to Be an Excluded Driver on a Car Insurance Policy?
An excluded driver is an individual who is specifically excluded from coverage under an insurance policy. Excluded drivers are typically not covered by the policy for any accidents or losses that occur while they are driving the insured vehicle.
Excluded drivers may be excluded from coverage for a variety of reasons, such as:
- The individual does not have a valid driver's license or is not authorized to drive the insured vehicle.
- The individual has a history of reckless or dangerous driving or has been convicted of driving under the influence (DUI).
- The individual is not listed as a named insured on the policy and is not a member of the insured's household.
If the individual is specifically excluded from coverage under the policy due to the terms of the policy or the request of the insured, they may also be considered an excluded driver.
Who Is a Named Insured on an Insurance Policy?
A named insured is an individual or entity that is specifically named as an insured on an insurance policy. Named insureds are typically entitled to the full coverage and benefits provided by the policy.
The named insured may be the owner of the policy, such as in the case of a homeowner's insurance policy or a business owner's insurance policy. In other cases, the named insured may be an individual who is specifically named as an insured on the policy, such as a spouse or other family member who is listed on a car insurance policy.
In general, individuals who are not named insureds on an insurance policy may still be covered under the policy in certain circumstances. The specific individuals who are covered under an insurance policy will depend on the terms of the policy and the laws of the jurisdiction.
Some common individuals who may be covered under an insurance policy even if they are not named insureds include:
- Members of the insured's household: Individuals who live in the same household as the named insured may be covered under the policy, even if they are not specifically named as insureds. This may include spouses, children, and other family members who live in the same residence as the named insured.
- Drivers of the insured vehicle: Individuals who are not named insureds on a car insurance policy may still be covered under the policy if they are driving the insured vehicle with the permission of the named insured. This may include friends or family members who are borrowing the insured's car.
- Employees of the insured: Employees of the insured may be covered under the policy if they are injured while performing their job duties on behalf of the insured.
This may include coverage for workers' compensation claims or other types of liability claims.
Take Action on Your Personal Injury Claim
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Contact us now to schedule your free consultation and take the first step towards securing your future.