Legal Concerns in Personal Injury Cases: Access to Employment Records by Opposing Counsel
Navigating the complexities of personal injury lawsuits can be challenging, especially when it involves sharing sensitive personal information. Recently, after being involved in a car accident where the other driver failed to stop at a red light and struck the passenger side of my vehicle—something verified by video footage—their legal team has taken a surprising step. Despite clear evidence, they are resisting admitting fault, and now their attorney has requested access to my employment history over the past three years.
My legal counsel has managed to limit the scope of this request, focusing solely on recent employment records such as attendance, leave, and medical absences. They are advising me to sign a release form enabling my employer to disclose this information. While this seems like a standard procedure, I am cautious about how sharing this data might affect my current job, especially given the current climate where layoffs and dismissals can happen unexpectedly.
Has anyone been in a similar situation? Is it common practice for opposing attorneys to seek access to employment records in personal injury cases? I’m uncertain whether proceeding is advisable, as I worry that exposing my employment history might inadvertently raise concerns with my HR department or lead to unintended repercussions.
If you have experience with this type of legal request, I would appreciate your insights. Understanding the typical protocols and potential implications can help me make a more informed decision in this sensitive situation.