Car Accident and Your Pre-Existing Injury
A common problem faced by car accident victims is the fact that they do have a prior injury before the car accident took place. This information is used by insurance adjustors to allege that you were not injured at all and that your injury was simply already there before the collision. This argument really does add insult to injury because a person with a prior condition, such as a bad hip, will have an aggravated injury after a car accident, such as being tied down to a wheelchair due to the extreme hip pain after the motor vehicle accident.
In any event, talk to your attorney about what you were suffering from before the accident, and how your life and the quality of your life is now different since the accident.
Health Requests from Insurance Companies
After a lawsuit is filed, insurance companies (and their attorneys) have the right to inspect your medical records, typically for the last 5 years. The request is made with the hope that your medical records show pre-existing injuries that are similar or overlap with your complaints of pain in those certain areas of your body.
The Truth About Pre-Existing Injuries
Most of us have engaged in some physical activity that may have injured us in the past. The military, sports, or work injuries may have injured us at some point in our lives. Such injuries can be severely aggravated with more damage such as the blunt trauma experienced during a car accident. Our clients have suffered many different injuries, some where the person with a prior hip injury could no longer walk, one where a teacher could no longer speak fluently to her students after the collision, and some where the prior football injury became unbearable after the car accident and such client could not return to college football. Thus, it is extremely important to communicate your very personal injury to your insurance company.
Talk to your doctors too so that they also document the new injuries or how the prior conditions became severely aggravated after the accident. Documentation and argument is of the essence in these cases!