Authorization
Definition
An authorization is a legal document that grants permission to access, release, or disclose protected information. In personal injury cases, authorizations most commonly allow attorneys and insurance companies to obtain medical records, employment records, and other protected information necessary to evaluate and process claims. Authorizations must comply with federal privacy laws like HIPAA (Health Insurance Portability and Accountability Act).
How It’s Used in Personal Injury Cases
Your attorney will need you to sign authorizations to obtain medical records documenting your injuries and treatment. Insurance adjusters also request authorizations during claims handling. HIPAA-compliant authorizations must specify what information can be released, to whom, for what purpose, and for how long. You should carefully review any authorization before signing to understand its scope—some authorizations are overly broad and allow access to unrelated medical history.
Practical Example
After her car accident, Rachel’s attorney provided a specific authorization limited to medical records from her treating physicians for the 12 months following the collision. The insurance company sent their own authorization form requesting access to all medical records for the past 10 years from any provider. Rachel’s attorney advised her not to sign the overly broad authorization and instead provided a narrowly tailored one that protected her privacy while still allowing documentation of her accident-related injuries.
Why It Matters to Your Case
Authorizations control what information becomes part of your case file. Signing an overly broad authorization can give insurance companies access to unrelated medical history they might use against you. Your attorney can help craft authorizations that provide necessary information while protecting your privacy. Never sign an authorization provided by an insurance company without having your attorney review it first.
Key Takeaway
Authorizations control access to your protected information—have your attorney review any authorization before signing to ensure it doesn’t give insurance companies unnecessary access to your private records.