Should I Tell My Lawyer About a Preexisting Injury
Posted on behalf of RizkLaw on Feb 15, 2021 in Personal Injury
It is important to be completely honest in any legal claim. If you try to hide preexisting injuries or conditions from your attorney, it could significantly damage to the value of your claim.
Rizk Law discusses preexisting conditions in a car accident case, including what information you need to reveal and when.
Do not let a preexisting injury keep you from pursuing compensation for a new one. When someone’s negligence causes you harm, we are prepared to help you hold the at-fault party accountable. Our knowledgeable car accident lawyers in Vancouver understand how to build a strong case, even if you have a preexisting injury. Call to learn if you may have a case and be eligible to recover compensation. There is no cost or obligation for this meeting.
What You Should Disclose to Your Lawyer
You should tell your lawyer about every prior accident or injury from the very beginning. Taking this approach may seem risky. However, honesty is the best approach for protecting the value of any potential claim.
Insurance adjusters are good at discovering the truth. They are trained to search for ways to devalue or deny your claim, and without an attorney to protect your interests, they are often successful. The truth about your medical history always comes out, one way or another. When lawyers are in the dark about preexisting injuries, it makes it more difficult for them to do their job well.
In short, if you suffer harm and pursue a claim because of another’s negligent driving, you need to tell your lawyer about:
- Prior accidents
- Previous medical conditions or illnesses
- Any other preexisting injuries, even if you feel they do not impact you today
Why Disclose Information About Prior Injuries
Car accident claims will likely require the disclosure of your medical records. An insurance adjuster may make this request to help them determine whether your injuries are valid. If the insurance company finds an undisclosed injury you tried to hide, it can hurt your claim by:
- Damaging your credibility
- Giving them a reason to reduce the value of your claim
- Providing an opportunity to deny your claim by arguing that your injury likely happened elsewhere
It is important to remember that insurance companies are not on your side when you are pursuing a claim. They are a business first. Their goal is to pay you out as little money as possible. Keeping your attorney in the loop helps him or her to properly handle any surprises – like preexisting injuries – before that information can be twisted and used against you.
At Rizk Law, we know the right time and proper way to disclose your medical history. Sometimes, a pre-existing condition may even strengthen a case. Comparing diagnostic tests, such as an X-ray or MRI, of both the old and current injury may reveal new damages.
Disclosing Your Preexisting Injuries
After learning about your prior medical conditions, accidents or preexisting injuries, your attorney can determine your legal options. There are several factors that determine if you may have a case, such as:
- The amount of time between your prior and current injuries
- What body parts were impacted by the injuries
- The extent of the injury and whether it made your preexisting injury worse
- How much your prior injury had recovered before this latest accident
These are all reasons why it is important to seek medical care immediately following your accident. In addition to making sure you do not have a serious or life-threatening injury; it can also help to link new damages to your current accident.
How an Attorney May Benefit Your Legal Interests
When you have experienced legal representation on your side, you can have the peace of mind of knowing that your best interests are protected. Injured victims who hire an attorney to represent them often recover significantly more compensation than those who do not.
Our qualified attorneys at Rizk Law are dedicated to helping injured victims. During your free consultation, we are prepared to review your situation and determine if you may have a case. There is no obligation to hire our firm. If we do represent you, there are no upfront costs or fees to pay. We collect our fees only if we obtain compensation for you.