If you’re pursuing a personal injury claim, the majority of people think that the injuries you’ve incurred at the time of the accident are the only serious ones. However, your past medical history plays a very significant role in determining your settlement value. Insurance adjusters and defense attorneys will thoroughly examine your past records to argue that your injuries existed prior to the accident or were not as severe as you claimed. A reliable personal injury lawyer can help you understand how your clinical records might influence your case, preparing you to address potential challenges and ensuring you receive the compensation you’re entitled to. Medical history can significantly impact your personal injury settlement. Below, I explain how prior injuries, medical records, and insurance providers’ tactics can affect your personal injury settlement and why consulting with a skilled, reliable personal injury lawyer is crucial.
1. Why Your Medical History Is Important in a Personal Injury Case
Your clinical history is the first thing insurance companies and defense lawyers will look at. They need to know if your injuries are totally new or if they can be attributed to pre-existing conditions. What they are trying to do is minimize how much they have to pay out by disputing your claim. Here’s how they might use your clinical history against you:
- Discovering pre-existing conditions – If you have had a previous injury or illness similar to yours, they would tell you that your pain and suffering predated the incident.
- Assessing the severity of injury – They will attempt to compare your old records and your current records to determine if your injury is as severe as you claim.
- Challenging causation – If you had a history of back pain, for example, then they will try to say that your current back injury was not a result of the incident but was pre-existing.
- Looking for inconsistencies – If your history is inconsistent with your statement, then they will use that to impeach you.
Being aware of these techniques will help you to make your case more solid and ready you for any complications in settlement negotiations.
2. Pre-Existing Conditions
One of the biggest concerns in personal injury lawsuits is how pre-existing conditions are going to hurt your case. Most people worry that if they have had an injury or illness before, they will not be able to recover damages. This is not true.
The “Eggshell Plaintiff” Rule
There is actually a doctrine in law called the “eggshell plaintiff” rule which provides that the defendant must take the injured as they find them. What this implies is if you had a pre-existing condition which made you more vulnerable to injury, then the defendant would still be liable for all of the damage from the accident even if a healthier person would not have been injured as severely.
For example, if you already had a neck injury that made you prone to whiplash, and an accident made it worse, the at-fault party is still responsible for the additional damage done.
Medical History Can Impact Your Personal Injury Settlement – How to Protect Your Case
- Honesty is the best policy when it comes to your medical history – If you try to hide prior injuries, the insurance provider will find out and use it against you.
- Gather medical evidence – It is extremely important to have solid clinical documentation of your condition prior to and following the incident in order to assist in establishing how the accident exacerbated your underlying condition.
- Get a doctor’s opinion – A doctor can provide expert testimony regarding how the incident exacerbated your condition.
- Make sure to follow your doctor’s instructions – Attend all appointments, take all medications, and finish therapy or rehabilitation.
- Keep detailed records – Make copies of all clinical bills, prescriptions, and doctor’s notes to monitor your injuries and recovery process. Gaps in treatment can prove detrimental to your claim.
3. Gaps in Medical Treatment Can Hurt Your Claim
Insurance firms are very concerned with the timeline of treatment. If there is some gap, they may argue that either your injuries were not serious, or they were caused by something else and not your accident.
Problems with gaps in treatment
- Delayed treatment – If you wait too long to get clinical care after a car collision, the insurance provider may argue that your injuries are not related to the car accident.
- Missed appointments – Frequent missed doctor’s or therapy appointments may make it seem that you are not as injured as you claim.
- Prematurely stopping treatment – The insurers may argue that you were completely healed after refusing further treatment against your doctor’s orders.
Helpful Tips to Strengthen Your Case
- Seek medical attention immediately-Whether you feel pain or not, you should always see a doctor after an accident. Some injuries take time to unfold.
- Follow your doctor’s treatment plan-Follow through with all appointments, fill prescriptions, and do the therapy/rehabilitation.
- Maintain detailed records-Keep all medical bills, prescriptions, and doctor’s letters for future reference for proof of your injuries and progress of treatment.Â
4. How Full Medical Disclosure Can Help You
It is quite tempting to hide past injuries or health conditions, but it is likely to jeopardize your case. In the event the insurance company discovers hidden medical conditions, they will charge you with fraud or dismiss your entire case as not believable.
Personal Injury Settlement – The Role of Clinical Experts
Doctors play an important role in establishing your claim. They can:
- Provide evidence on how the incident affected your previous condition.
- Explain how your condition was different prior to the accident and then afterward.
- Explain how it made your injuries worse, even though you already had a condition.
With assistance from a doctor, you can strengthen your case and get your injuries adequately represented.
5. Insurance Company Tactics to Watch Out For
Insurance firms only care about paying out as little as they can. They will do everything in their power to lower your settlement, such as:
- Asking for your entire medical records – They can attempt to go back years for clinical records for anything to use against you.
- Accusing your injuries of being caused by previous conditions – Even if the prior injury had been fully recovered from, they can claim that your pain is not related to the accident.
- Having doctors of their own – Insurance firms hire doctors who will reduce your injuries or claim that they were not caused by the accident.
- Pressuring you to settle for less – They may pressure you into settling early before you know the full extent of your injuries.
Being aware of these tricks is what can save you from falling into their traps.
6. How an Attorney Can Protect Your Rights
It is far too overwhelming to navigate insurance firms and clinical records yourself, but a lawyer can guide you through it. Here’s how a lawyer can protect you:
- Stopping access to unneeded records – Your attorney will ensure the insurance company receives only pertinent records, not all of your medical history.
- Obtaining quality medical evidence – They will work with doctors to obtain expert reports and testimony that back your claim.
- Receiving a reasonable settlement – Lawyers understand how to challenge insurance providers’ tricks and negotiate for the settlement you deserve.
Having a good lawyer representing you can be life or death in your settlement case.
FAQS
1. Will a pre-existing condition ruin my personal injury claim?
No, but it will complicate your case. If you do have a pre-existing condition, the insurance firm will attempt to lay the blame for your current injuries at the door of the pre-existing condition. But with adequate medical documentation and attorney representation, you can still win damages if your condition was exacerbated as a result of the incident.
2. Do I have to inform the insurance provider of my previous medical conditions?
Yes, but only disclose pertinent information. You will need to disclose your clinical records, but need not disclose unrelated disease. Your attorney will be able to tell you what is and isn’t.
3. What if I didn’t receive medical attention immediately?
Delays in treatment may make it difficult to prove causation on your injuries from the accident. Expert opinion, medical reports, and witness evidence will still assist in proving that your injuries were actually caused by an accident.
4. Will the insurance firm deny my claim if it was caused by an old injury?
They will attempt to, but your side is covered by law if your condition was aggravated by the accident. Your attorney can assist you in obtaining evidence to establish that your pre-existing medical condition was aggravated by the accident.
5. How do I establish that the accident, and not my medical history, caused my injuries?
You can provide doctor reports, and expert witness statements to establish the direct effect of the incident on your health. Documenting your treatment and symptoms will also benefit your claim.
Final Thoughts
Medical History Can Impact Your Personal Injury Settlement – Your medical background can influence your personal injury award, but it will never result in the loss of your case. Being honest, and employing a skilled personal injury attorney can safeguard your rights and enhance your claim. If you need an attorney, consider reaching out to Big Ben Lawyers. They have the capability to handle complex cases and fight for the compensation that you deserve.
American Bar Association. Personal Injury Basics. Retrieved from:
Example of medical history records
Ohsa: 2024
https://www.ohsu.edu/sites/default/files/2019-02/Primary-Care-Intake-Paperwork.pdf