No, the defense can’t file a broad demand for health records, meaning that mental health records are usually irrelevant in a serious injury claim. Any review must pertain to the medical conditions being disputed.
Key Takeaways
- Your mental health records are legally protected and generally aren’t available to the defense in a serious injury claim.
- Courts will limit disclosure to conditions related to an accident.
- An injury attorney on Long Island will work to protect your rights when you seek compensation for a serious injury.
Why Your Mental Health Records Aren’t Relevant to a Serious Injury Claim
The specifics of this arise from Civil Practice Law and Rules Article 31 (NY CPLR § 3121). This law specifically limits physical or mental examination to conditions that are “in controversy.”
There are eight threshold categories that qualify as serious injuries. These include:
- Death.
- Dismemberment.
- Significant Disfigurement.
- Fracture.
- Loss of Fetus.
- Permanent Loss of Use of a Body Organ, Member, Function, or System.
- Permanent Consequential Limitation of Use of a Body Organ or Member.
- Significant Limitation of Use of a Body Function or System.
Mental health records have no clear relevance to any of these serious injury categories. Your personal injury attorney will work to limit the scope of any health record demands to ensure they are relevant to your claim.
Insurers May Seek Broad Authorization
Insurers will seek to minimize damages whenever possible. They also aim to maximize any evidence they obtain to invalidate your claim. An insurer could seek a broad authorization request, hoping that a plaintiff will sign without objection. This is an example where an experienced accident attorney is crucial.
Your attorney will review every records demand, reject anything that’s out of scope, and ensure that your case remains focused on the injuries that you’re claiming, not your unrelated personal history.
It’s important to remember that you should never speak to another party’s insurer or their legal representatives directly following an accident. Avoid making any statement or admitting fault. You can forward all communication through a Long Island accident attorney who will ensure that your legal obligations are met without compromising your privacy or your rights.
Get a Free Case Evaluation with a Personal Injury Attorney on Long Island
Have you suffered a serious injury, or received unusual requests from an insurer or lawyer following a car accident? Don’t do anything else before you speak to a personal injury attorney.
The Raimondo Law Firm will evaluate your case for free. Reach out to us at (631) 471-1222 to begin your consultation. We are available for immediate 24-hour service.