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How Is Your Prior Injury Going to Impact Your Case?

Guy DiMartino Nov. 4, 2014

Michigan City Indiana personal injury lawyer explains how prior injuries and pre-existing medical conditions impact accident cases.

You've been injured in a car accident and your worried about how the accident you had five years ago and your underlying arthritis is going to impact your claim. One of the biggest concerns that I see with folks who have been injured in car, slip and fall or any other type of accident is their pre-existing medical history and prior accidents. Insurance companies always take the position that a personal injury client wasn't hurt badly in the accident. Instead, they always argue that an accident the client had a few years ago is the reason they need extensive medical treatment. If this argument doesn't work, the insurance company then argues that the medical treatment was because of an underlying medical condition or pre-existing condition such as arthritis, diabetes or prior surgeries. Insurance companies can't help the position they take – because its in their nature.

If you've been injured in an accident – you shouldn't be afraid of pre-existing issues. The law understands that all people have had lives before an accident and they may have had prior injuries or underlying medical conditions. This is why it is so important after an accident to get checked out immediately. Do not wait days, weeks, or months before you go to the doctor.

Additionally, when you go to the doctor to get checked out – do not hide or minimize your past medical or accident history. If you fail to tell your doctor about priors – they may issue an opinion in your case based on a history of no prior incidents or conditions and it will make you look like you intentionally hid this information from the insurance company or jury.

This is a common problem that I see in personal injury cases. People think they need to hide this information not knowing that the defendant is responsible for any aggravation of a pre-existing condition or if the current injury has combined with an underlying condition to cause the need for the medical care and treatment.

This is the take home. If you've been injured in an accident you must be open and honest will all your healthcare providers and your lawyer regarding prior injuries and accidents. If you have any questions about how a pre-existing condition or medical condition that you have may impact your personal injury claim you can shoot me an email. I'm Guy DiMartino, meeting you at the intersection of law and medicine.