Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
If you pursue a personal injury claim in Virginia, you must gather and submit clear medical records and bills to prove your damages. Follow these steps:
1. Identify All Treating Providers
List every health care provider who treated you for your injury. This may include hospitals, emergency clinics, urgent care centers, primary care physicians, specialists, physical therapists, chiropractors, and diagnostic facilities.
2. Execute a HIPAA-Compliant Authorization
Virginia law requires you to sign a proper release before providers can share your records. Under Virginia Code § 32.1-127.1:03, a provider must produce records within 30 days of a valid request. See Va. Code § 32.1-127.1:03.
3. Submit Written Requests to Each Provider
Send each facility a written request by certified mail or secure electronic transmission. Attach the signed authorization form. Ask for complete medical charts, imaging reports, doctor’s notes, treatment plans, and itemized bills.
4. Obtain Itemized Medical Bills and Explanation of Benefits
Request itemized statements that show dates of service, procedure codes, supplies used, and amounts billed. Collect correspondence from your insurer—Explanation of Benefits (EOB)—to show payments and patient responsibility.
5. Organize and Index Your Records
Create a chronological binder or digital file. Use dividers or bookmarks for each provider. Label sections: “ER Records,” “Hospitalization,” “Rehabilitation,” “Bills & EOBs,” etc. This makes review efficient for an adjuster, defense lawyer, or judge.
6. Authenticate Records Under Virginia’s Business Records Exception
To admit records in court, you need a certificate or affidavit under Virginia Code § 8.01-398.1. This establishes that the documents are generated in the regular course of business. See Va. Code § 8.01-398.1.
7. Submit Your Records to the Insurance Company or Court
If you negotiate with an insurer, follow their document submission guidelines—secure portal uploads or mail. If you file a lawsuit, attach the records and certificate of authenticity with your initial disclosures under Virginia’s Rules of Civil Procedure.
8. Observe Virginia’s Statute of Limitations
You generally have two years from the date of injury to file a personal injury claim. See Va. Code § 8.01-243. Start gathering records early to avoid missing this deadline.
Helpful Hints
- Request duplicates early—providers may charge copying fees.
- Keep records of all correspondence and delivery receipts.
- Use a medical summary sheet to highlight key treatments and costs.
- Verify each bill line item matches services in records.
- Consider hiring a medical records retrieval service if you have many providers.
- Review your insurer’s explanation of benefits for coding errors.
- Consult an attorney before filing to ensure you meet all procedural rules.