How Preexisting Conditions Fit Into Your Personal Injury Case
Things can get rough after an accident. Not only are you trying to heal from your injuries, but you may also be dealing with the insurer for the at-fault driver—and they seem to be reluctant and uncooperative. To make matters worse, what if the insurer is claiming that your injuries were not the result of the accident at all? For a better understanding of how preexisting conditions can affect your auto accident case, read on, and learn more.
As soon as it becomes clear that their client is at-fault for an accident, the insurer for the other driver will begin to do damage control. They employ a number of techniques in an effort to reduce their liability (responsibility or fault) for an accident. One of the most worrying to accident victims is the attempt at reducing their liability for medical expenses. Not only are medical expenses astronomical, but they are also connected to another aspect of your accident – pain, and suffering.
Previous Medical Issues
Nearly everyone has preexisting conditions. It may be from a naturally occurring illness or it might even be from previous work or car accident. What is important is that you do not allow the other side to link your previous condition to your current injuries caused by the other driver. Doing so could mean disaster for your personal injury claim.
Personal Injury Claims Require Poof of an Injury
If the other side is able to link your past injuries or medical conditions to any issues you claimed to be afflicted with due to the wreck, your entire claim is in jeopardy. Accident victims must show that they have injuries before they can take action and be paid for things like lost wages, pain and suffering, and more. Not only that, but you may not even be able to get them to pay your medical expenses.
How to Fight Back
If the other driver's insurer is requesting past medical records, that should be considered a red flag. There is no reason for them to ask for records that don't pertain to the accident unless they are planning to use them to attack your claim. You don't have to comply with such a request, but if a lawsuit is necessary the defendants can ask the judge to issue a subpoena for them. You need to take action fast if the preexisting condition issue arises.
Speak to a personal injury attorney and get help to prove that your medical condition is the result of the most recent accident and nothing else. Speak to a lawyer and get the support you need to be paid what you deserve.Share