Preexisting Medical Conditions and Your Personal Injury Claim
Michael Babboni
Personal Injury
If you have been involved in an accident and are in the middle of the claims process, then you are probably already well aware of how complicated, drawn out, and complex this type of case can be to prove and to navigate. You will be faced with many questions from the other party's legal team, and insurance adjusters and these questions will undoubtedly include information about any preexisting conditions you may have.So, the big question is: will your preexisting medical conditions affect your personal injury claim and the compensation you will receive?
Always Disclose Injuries
Injuries can be mental, physical, or a combination of both of these and handling preexisting conditions in addition to new injuries can really take a toll on a person who is already going through so much.
When you have been involved in an accident, it is so important to disclose as much information as you possibly can to your injury attorney, so they have everything they need to help you win your case. This also includes letting them know about any preexisting medical conditions you may have. Doing so will help improve your chances of seeing a fair settlement.
Sometimes a new injury can have a negative impact on an old injury you have, and your claim may fall apart due to non-disclosure. Let the doctors you are working with know about the previous injury so they can help treat you without exasperating the old injuries and making the pain worse.
The insurance adjusters are always going to take the time to search in the claimant's past to find any instance of preexisting conditions they may have failed to disclose and they will then attempt to discredit the entire claim. Therefore, it is best to be upfront and honest with your legal team and medical professionals.
Injury Attribution
Sometimes there is no way around it; a new injury may make their preexisting conditions worse. If this is the case, it doesn't mean that they are entitled to less compensation. The defendants must take them and the case as is and can't use any preexisting conditions during the injury attribution.
Medical Records
Medical records will prove to be very valuable for your case. Preexisting conditions with adequate documentation can help your lawyer discuss the new results they may have with medical witnesses if your case does end up going to trial.
The records will be a valuable tool to help prove that the new injuries have aggravated and affected the prior conditions the claimant was suffering from.
The Danger of Hiding Preexisting Conditions
If you choose to ignore the advice we have offered and you hide your preexisting conditions, then you may lose your credibility during the insurance claims process, and you will be setting yourself up for failure.
There is also a chance you can face several sanctions if you choose to hide any previous medical issues you have from the insurance adjusters. It can also make your claim worthless if it isn't thrown out completely.
You risk only having a small portion of your treatment compensated because the insurance company will refuse to accept that all the injuries you are treating were due to the recent accident. When your special damages are lowered, then you will also find that your general damages will be lowered and this is when you will see how problematic not disclosing your preexisting medical conditions can be.