In all accident and injury cases, the plaintiff faces questions from the defendant’s legal defense team and the insurer about all pre-existing health conditions and injuries. Though the plaintiff isn’t entitled to any form of compensations for injuries and health conditions that existed before the event that caused some injuries, he or she is eligible for compensation for injuries and other damages caused by that specific event.
Note that the injuries could be mental, physical, and sometimes a combination of the two. The law allows victims of accidents to pursue personal injury claims and get compensated for the damages they suffered. Having a pre-existing injury or health condition could have a positive or negative impact on your claim. So, having an experienced Kent personal injury attorney on your side means you can make the right choices and probably get the amount of compensation you deserve.
Disclose the Pre-Existing Injuries
If you have been involved in an accident, it’s imperative that you are honest with your lawyer about all other injuries and health conditions that existed before the accident. Failure to do so could impact your chances of getting a favorable and somewhat fair settlement offer.
Sometimes, the new injury might affect the same area as the pre-existing injury. Your entire claim could be in jeopardy if you fail to disclose these issues. Therefore, you should talk to your lawyer and doctor about the previous conditions. This makes it easier for you, your doctor, and lawyer to work towards establishing how the event aggravated the pre-existing condition.
The moment the insurer’s adjuster and their legal team know that you had a prior injury or complaint, particularly if you’re aged 30 or more, your past will definitely come under scrutiny. Indeed, the insurer could try to use this information to discredit your current claim.
Your Medical Records Are Essential in This Case
If your case is being handled by an experienced lawyer, you will realize that having a pre-existing health condition or injury could benefit you. This is because your medical records offer a clear picture of what was happening with your health at the time the accident happened. These records provide a concrete way for juries, lawyers, and judges to see how you suffered because of a subsequent injury. But your lawyer must work with your healthcare provider to offer accurate, objective documents.
Your lawyer and doctors can discuss all the medical records regarding your pre-existing can help establish how the new event aggravated the condition.
Failure to Disclose Pre-existing Injuries Could Harm Your Claim
Being honest about your pre-existing medical condition puts your claim in the law’s good graces and boosts your credibility during the claim settlement process. And failure to share the details about the existence of the injury before the accident sets up for failure. In the worst cases, you can face court sanctions due to the omissions. Your lawyer will guide you on what to do. So, make sure you choose a competent one.
