You are in a car accident and suffer massive injuries that create spinal cord damage, broken bones, and other injuries. Now, the insurance company for the at-fault party says they should not pay for your losses because you have gone to the doctor for back pain prior to the accident. In cases like this, you may be very concerned about the medical costs you have incurred due to their mistakes. Here is what you need to know about pre-existing conditions in personal injury claims under Montana law. Talk to a Montana personal injury lawyer from Everett Cook Law today.
What Are Pre-Existing Conditions?
Pre-existing conditions are medical conditions or injuries you had prior to the accident. These are often conditions you have been treated for by a doctor or received medical care for at some point in the past. Some examples of pre-existing conditions that could impact your personal injury case include:
- Back pain
- Abdominal injuries
- Brain injuries such as previous concussions
- Injuries to arms, legs, hips, shoulders
- Hernias
- Broken bones that may not have healed properly
Having a pre-existing condition does not mean you cannot file a personal injury claim. However, you must prove the extent to which the accident worsened that condition beyond the pain and limitations that you had prior.
Disclosing Pre-Existing Conditions Is Essential
If you have any type of pre-existing condition that relates even remotely to your current injuries, be sure to tell your personal injury attorney about them. Disclose any major surgeries you have had, illnesses you have been diagnosed with, or previous injuries that required a trip to the emergency room or other treatment.
If you fail to disclose a pre-existing condition, and the at-fault party learns of it from examining your medical records, they may question your claim. This could jeopardize your ability to obtain compensation.
If you have a pre-existing injury, the insurance company for the at-fault party will zero in on your medical records to make sure that your new injury is only related to the accident. If they can connect it to your pre-existing condition, they will. With the help of an experienced personal injury attorney, you can be sure you are only sharing evidence and medical records required and that nothing puts your case at risk if it should not do so.
How an Attorney Can Help You in a Personal Injury Case with Pre-Existing Conditions
Our personal injury attorney can offer guidance in several ways to help you navigate your claim. That includes:
- Helping to document any pre-existing condition, the cause, and the underlying condition or disability you had prior to the accident, if any.
- Protecting your medical records from invasive and unnecessary evaluations.
- Ensuring you claim all of your losses and pursue full and fair compensation for everything you are qualified to receive.
By taking these steps, your personal injury attorney can help to ensure your rights are always protected. If you have pre-existing conditions, you can still file a personal injury claim. However, it is even more important to do so with the help of an attorney.