How a Pre-Existing Injury May Impact your Personal Injury Claim

A pre-existing condition may negatively affect your personal injury claim, depending on how you handle it. Your injury attorney would advise you against keeping your pre-existing condition or injury under wraps or downplaying it. In fact, they will tell you to disclose any previous injury to them. They are ready to help you after sustaining injuries due to another party’s negligence. You can find a good attorney when you click here. 

Reasons to Disclose Previous Injuries 

From the perspectives of the insurer and the defendant, there must be no monetary responsibility for injuries you sustained before the accident. When you pursue a compensation claim, you must be honest about your previous condition or injury. Otherwise, you can reduce your chances of securing a favorable settlement. 

In personal injury claims, disclosure is vital, particularly if a new injury impacts the same body area affected by an old injury. Non-disclosure can jeopardize an entire claim. You must disclose your pre-existing condition to your doctors so you can prove how the recent accident has aggravated such a condition. 

If insurance companies encounter claimants who do not have past complaints or injuries, particularly if they are over the age of 30, they may closely scrutinize the claimants’ past. Insurance companies may use the pre-existing injuries and claim history of the claimants to discredit their claims. 

Importance of Medical Records

Pre-existing conditions provide some benefits when handling personal injury claims by showing what a claimant had to go through when an accident happened. Previous injuries give a way for judges, attorneys, and juries to see how a person has suffered due to a subsequent event. However, each case is different. Your attorney must work with your treating doctors to provide honest and objective documentation. 

Through this documentation, your attorney can discuss examination results with medical experts during a trial in court. If you end up with a permanent disability due to the injuries, your medical records can document your disability. Your lawyer can utilize such records to show how the accident has exacerbated your previous condition. 

How to Protect Your Claim

To maximize your chances of securing compensation for your damages, you must understand how the claims process works. An attorney can help you build a strong case by linking your new injury to ongoing and past medical problems. After your attorney has established a relationship, the insurance company of the at-fault party will have difficulty denying your claim, delaying your payout, or reducing the extent of your injuries.