Will drug abuse on my medical record affect my personal injury claim?
Will drug abuse on my medical record affect my personal injury claim?
A drug abuse history can complicate a personal injury claim in a number of ways. For one, it makes a plaintiff's case look less credible in the eyes of the jury. In addition, drug abuse can also be used by the defense to argue that the drug use contributed to the accident. This, in turn, will weaken the case and even negate it. This is why it is important for the plaintiff to disclose his drug abuse history to his attorney.
The rise in opioid use and abuse has affected many plaintiffs. Drug abuse may be relevant in defending a personal injury action, particularly when evidence of drug abuse relates to damages or liability. In addition, the discovery of mental health records is becoming more common in defending personal injury actions.
Although no state or federal law requires an insurance adjuster to obtain a claimant's medical records, most insurance companies will deny your injury claim if they can't produce relevant health information. Alternatively, you can request the records yourself and make copies for the adjuster. If you do decide to use this strategy, remember that the Recovery Law Center can help you protect your medical information.
If your doctor prescribed a defective drug or medical device, you may be able to make a product liability claim against the company that manufactured it. It may also be possible to make a claim if the drug or device did not have adequate warnings. You can also sue a doctor for medical malpractice.
If you have any questions or in need a Personal Injury Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
