Medical History And Personal Injury Claims
Your Medical History and Your Claim
When it comes to personal injury cases, insurance companies will always do their best to limit the amount of damages they are required to pay out in claims. And they’ll do it anyway they can. A common mistake made my many is underestimating the efforts of the at-fault party’s insurance company, especially when it comes to one’s medical history.
Those who suffer a personal injury are subject to an evaluation of your claim by the at-fault party’s insurance company. This review, while standard procedure, is used as a means to identify weaknesses in your case. One such weakness they will look for is the severity of your injury and its relation to a pre-existing medical condition; one that might exist in your medical history.
Does Having A Medical History Hurt My Claim?
Scouring your medical history, any pre-existing injuries similar to the one you’ve suffered as a part of your claim will be used to discredit your claim. As a result, the recoverable damages may be lowered. Having a similar injury that was sustained in the past doesn’t mean the at-fault party can totally escape liability. It does mean that you will have to defend your medical history. This is where selecting a personal injury attorney becomes critical.
Defending Your Medical History
Plan on defending your medical history through a thorough review. This review will include the evaluation of multiple medical records from your various doctors’ and hospital visits. It may require the use of expert medical testimony as well. Conducting a detailed review and using corroborative testimony will help to establish the difference between the injuries listed in your claim and any pre-existing injuries that exist in your medical history.
So what does this mean to you and your claim? It is imperative that if you have a medical history you discuss it with your attorney. Regardless of relevancy, your personal injury attorney will need you to disclose these injuries to them. Failing to do so could damage your credibility and devalue your claim.