how far back in time can an attorney ask for records

There is no statute or code that specifically sets forth how far back they can go, but a general rule is anywhere from 5-10 years prior to the motor vehicle accident. As far as the other medical records, ask them to limit the subpoenas to only the body parts you have alleged injured as a result of your present claim.

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How far back can I request for a criminal record check?

Aug 20, 2012 · For instance, if you injured your back in a vehicle collision, and have had symptoms /injuries of your back prior to the incident for 10 years or more, the request for 10 years prior records does appear reasonable. Ultimately, you should really consult personally with an attorney.

Can I request 10 years of medical records for back injuries?

During the ‘discovery process’, you and your divorce lawyer can demand and legally obtain copies of all financial documents pertaining to bank statements, investments, tax returns, etc. If the spouse is a business owner, they can also use their business to hide the assets. In cases where the spouse is particularly difficult and ...

How long is too long for a public records request?

Oct 27, 2015 · There is no statute or code that specifically sets forth how far back they can go, but a general rule is anywhere from 5-10 years prior to the motor vehicle accident. As far as the other medical records, ask them to limit the subpoenas to only the body parts you have alleged injured as a result of your present claim.

How long do you need to keep records after probate?

Oct 26, 2012 · The parties can agree to a longer time frame, as long as it doesn’t exceed 35 days. So, no stalling allowed. I have no idea why this deadline is different from the 21 days to provide pay records, but it is. Second, the request for a copy or the inspection can be made by the former employee or her representative (i.e., attorney).

What happens if one of the parties refuses to disclose their assets?

If one of the parties, usually the one with better net worth, refuses to disclose their assets, then your divorce lawyers has to move for a ‘discovery process’ which entails finding out about their financials from other sources.

What happens if you are divorced?

If you are the one being divorced, and if the entire process is a shock to you, then it is a clear indication that your spouse has been planning it for a while. This would have given them time to secret away large chunks of cash, bonds, jewelry or other assets in lockers or in their friends’ and relatives’ names.

What happens if your spouse lies during a deposition?

If the spouse lies during the deposition, and is proved to have done so, the judge can impose sanctions on your spouse.

Can a divorce lawyer get copies of bank statements?

During the ‘discovery process’, you and your divorce lawyer can demand and legally obtain copies of all financial documents pertaining to bank statements, investments, tax returns, etc. If the spouse is a business owner, they can also use their business to hide the assets.

Can I subpoena my spouse's bank records?

As a last resort, you can subpoena your spouse’s bank records and the bank is obliged to release the same, or be held in contempt of court.

Is divorce hard to handle?

Divorce is quite common these days, yet the trauma and turmoil it brings to the people caught up in the divorce process can be hard to handle. This is particularly true when one party wants the divorce and the other one doesn’t, or when one party is financially stronger than the other.

Can a divorce attorney find out if a spouse has hidden assets?

Be warned though, that more often than not, willfully hidden assets can remain hidden. Your divorce attorney will hire an investigator who can follow the money trail, your spouse’s habit while traveling and during holidays and use similar means to find out the hidden assets.

How far back do you have to provide pay stubs in California?

Labor Code Section 226 going back at least three years. Employers do not need to provide time sheets or pay records above and beyond what is on ...

How long do you have to provide time sheets to an employer?

The pay records must be provided within 21 calendar days of the request. Failure to timely provide copies of the pay records entitles the employee to a $750 penalty, plus a claim for injunctive relief and attorneys’ fees.

Can employers provide copies of signed documents?

What many employers do is only provide copie s of signed documents from the personnel file under Cal. Labor Code Section 432, and then invite the current or former employee to set up an appointment at the worksite to inspect the entire file. Under AB 2674, this process will need to change.

Can you charge an employee for a copy of a personnel file in California?

Labor Code Section 1198.5 already requires California employers to allow both current and former employees to either inspect their personnel file or obtain a copy of it (and you can charge the employee for the copy).

Why is my medical record denied?

A request for release of medical records may be denied. One reason for denial is lack of patient consent.

How to request medical records?

The request can be sent via regular mail or fax, and many larger care providers allow patients to request records through an online portal. If you mail or fax the request, it's usually a good idea to call the medical provider to confirm receipt.

What is the HIPAA law for subpoenas?

When drafting a medical records subpoena, you must be aware of state laws and the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements. For example, in Florida, both the HIPAA Privacy Rule and state law give you the right to access medical records. The HIPAA Privacy Rule sets standards for records across ...

Why do we need to review medical records?

Another big reason for accessing and reviewing medical records is that it helps the at-fault person understand the claimant's preexisting injuries. For example, let's say the claimant was injured falling into a sink hole outside a grocery store.

What to know when filing a personal injury claim?

When you file a personal injury claim, one of the first things to understand is that your medical records (and your medical history) are going to be a main focus, since you're essentially asking for compensation for injuries (" damages ") from the at-fault person or business. Any hospital or health care facility where the claimant sought medical ...

Why is a request for release of medical records denied?

A request for release of medical records may be denied. One reason for denial is lack of patient consent. For example, in a civil lawsuit over assault and battery, the person being sued may want to obtain the injured person's medical records to use in court proceedings. The alleged batterer may try to request the release of medical records.

What does a medical record request include?

In some states, the request must include the law or statute that allows the release of medical records to patients or authorized third parties.