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Home»Law»Winning A Personal Injury Claim In Pre-Existing Medical Condition
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Winning A Personal Injury Claim In Pre-Existing Medical Condition

Grayson HardyBy Grayson HardyJuly 29, 2022No Comments3 Mins Read

It can really be hard for anyone to obtain compensation if he has already been experiencing pain before the accident. For instance, if a person is having backache before the accident and after getting injured, this pain worsened. Many a time, the insurance company will argue that you are likely to receive no money or very little money if a louisville personal injury attorney can convince the insurance company effectively. However, it may be a bit challenging for everyone if the injured person has pre-existing injuries.

Importance of medical records

While assessing the claim, the defense lawyer or the insurance company may ask you to submit the medical records of your pre-existing injuries. They may have their own team of medical experts who can validate the medical condition of the injured person. The defense lawyer needs to check if the new injuries have conflicted with the old ones. Due to the complexity of the case, he might need an expert’s opinion. 

The insurance company may find any reason from these reports to deny the claim or lower the amount. If you have pre-existing injuries, you should not set your expectations very high because these companies don’t pay much for new injuries. Additionally, it depends on the facts of the case whether these injuries will increase or decrease the amount of your claim.

Importance of experts in winning the case

The experts are required in personal injury cases in which pre-existing injuries are present. These experts help judge and jury members understand how these injuries are related, and they have worsened the medical condition of the injured person. They will also describe what new treatment needs to be introduced for the injured person to become healthy and fit.

These medical experts assess the X-ray reports and MRI scans of previous and new injuries to establish important facts. The doctors can explain the extent of the injury after the accident, current disability, long and short-term impact on the injured person.

Hiding the pre-existing injury

If you don’t provide enough details about your past injuries, you are likely to hurt your case to a great extent. the insurance company and adjusters may find it out when they perform their investigations. It is not suggested to tell lies or hide the truth if you are seeking compensation.

Your personal injury lawyer is the best person to tell you what documents you should submit to prove your injuries. 

Grayson Hardy

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