One of the questions people sometimes hesitate to answer after an accident is:
“Have you ever had problems with this part of your body before?”
Maybe you injured your back ten years ago.
Maybe you have arthritis.
Maybe your knee occasionally hurt before the crash.
People sometimes worry that admitting any previous problem will destroy their injury claim.
Trying to hide it can create a much bigger issue.
Previous injuries are part of your medical history
Insurance companies may obtain relevant medical records during the course of an injury claim or lawsuit.
If those records show previous treatment that someone denied having, the conversation can quickly shift away from the new injury and toward credibility.
Being honest with your doctor and attorney gives them the opportunity to understand the full picture.
The real question may be what changed
Suppose your back occasionally bothered you before a collision, but afterward you experience substantially different pain, need additional treatment, or can no longer comfortably perform activities you previously handled.
That difference matters.
A pre-existing condition and a new injury are not necessarily mutually exclusive. An accident may also aggravate an existing condition.
The medical evidence and facts of the individual case are important in determining what happened.
Details help establish the difference
Think about your life before and after the accident.
Were you receiving regular treatment before the crash?
Were you able to work normally?
Could you exercise?
Were you taking medication?
Did you have limitations?
What changed afterward?
Specific information is much more useful than simply saying, “My back was bad before, but now it's worse.”
Tell your doctors the truth
Doctors need an accurate medical history to evaluate you appropriately.
If you have previously injured the same area, tell them.
If the symptoms feel different now, tell them that too.
Your medical providers should receive an accurate description of both your history and your current condition.
Don't assume an old injury ends the conversation
Human beings are not brand-new cars.
By the time we reach adulthood, many of us have old injuries, aches, surgeries, accidents, or medical conditions in our history.
An insurance claim involving a pre-existing condition may require a closer examination of medical records and the facts, but the existence of an old problem does not tell the entire story.
If an accident has aggravated an existing condition or caused new symptoms, speak with an attorney about the facts of your particular situation.
Aaron R. Coven Law
561-540-3636