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My son got hurt on the property of a hotel and their insurance company wants the Emergency medical report and pictures?

Hemet, CA |

The hotel insurance guy called me to verify the details of my incident report. Basically, my 3 year old fell and hit his head on an improperly installed door hinge, resulting in a laceration and concussion to him. The insurance guy wants the emergency medical reports and pictures of the hinge and my sons injuries. What are the disadvantages of sending them this information? Do I waive confidentiality of medical records or put them at issue by complying with his request? Is there a better way to get them to accept liability?

We missed out on 1/2 of our vacation and ended up in a series of doctors appointments as a result of their negligence. Not to mention the trauma my son experienced!

Attorney Answers 7

Posted

Do not send anything. Hire a personal injury lawyer asap.

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18 lawyers agree

Posted

I am so sorry to hear that your family had to experience such negligence and further pain by the insufficient application of a door hinge. You certainly have a case here. I trust you have already had your son examined and seen by a medical professional? Do not speak to the insurance company without a local California attorney representing you. I would NOT send them a single thing and in fact I would not even speak to them again until you hire an attorney to ensure you are not taken advantage of and to ensure you get what you deserve for this pain and suffering.

I have won multiple cases related to business negligence in the past. Just like you, they suffered pain and suffering as well as trauma and even vacation phobia. In all of those cases the clients won large settlements that they likely would not have won without the representation of an experienced California attorney. It is in your best interests to not converse with them any further and certainly do not send them anything or sign anything until you have legal representation.

I urge you to contact a local California attorney today. You , your son and your family deserve appropriate compensation for this gross negligence.

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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16 lawyers agree

Posted

I would not send them anything, hire an experienced premises liability attorney to represent your son. You should write a statement as to how the accident occurred along with all the other details for your lawyer; take pictures of your son's injuries now and as they progress; pictures of the scene and get the contact information for any witnessses so that you are prepared to assist the attorney. Let the attorney deal with the hotel and their insurance adjusters and/or lawyers.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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19 lawyers agree

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Never deal with an insurance company directly, or you could likely sabotage your good claim. You would need to retain a personal injury lawyer to investigate. Find a top-rated Avvo lawyer with a low contingency fee, less than 30%, so you get the lion’s share of the settlement, not your lawyer. Thus, don’t get hurt twice by paying a huge fee. Good luck.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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18 lawyers agree

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There is a proper time, place, and procedure for providing a defendant with documents/evidence. When bringing suit (or beginning the process by filing a claim) for physical/bodily injuries, medical documentation will be necessary, but not immediately.

An experienced personal injury attorney will know when and how to present records and evidence. Doing so improperly can damage one's case. An experienced personal attorney will be able to understand the medical records and the injuries documented therein so as to be able to understand the full extent of the injuries suffered. For example, a child with a facial laceration may have problems with scarring - something that may not be such a risk for an old person. Scar treatment may be expensive - a factor that needs to be presented to the defendant so as to maximize the recovery.

Fortunately, many of us personal injury attorney types offer free consultations and take cases on contingency, so there is nothing to fear in calling us.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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11 lawyers agree

Posted

Before you do anything further with the insurance carrier hire an experienced personal injury attorney. Do not speak to them. Do not send them any records or documents. Hire an attorney.

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5 lawyers agree

Posted

Before making a recommendation of whether you should provide medical records to an insurance adjuster. If it is a serious injury, you should not provide any information to an insurance company without consulting an experienced personal injury attorney first.

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4 lawyers agree

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