Does Past Medical History Matter in a Personal Injury Claim?

When you suffer a personal injury an insurance company will generally do an initial evaluation of your claim.  In this initial evaluation, the insurance company looks for a way to lessen your potential award for damages.

The first thing most insurance companies examine is generally the nature and severity of your injury.  Often, they will try to prove that it was caused by or affected by a pre-existing medical condition. As such, insurance companies will scour your medical history looking for any previous injuries similar to the one you just suffered. If they can prove that your pre-existing condition contributed to your current injury, your recoverable damages may be lowered.

The fact that you sustained similar injuries in the past, does not mean that you can no longer recover damages for your present injury. Generally you will be given a chance to explain your medical history to the court.  Your personal injury attorney may also choose to employ the assistance of expert medical witness, such as a physician or psychologist, to explain how your medical history is not related to your new injuries.

It is then up to the defense (burden of proof) to prove that your pre-existing medical condition is related to your current injuries in such a way that would decrease the money they owe in damages. Conversely, it is the job of you and your counsel to show that your injuries are related to the negligent conduct of the defendant.

Despite what may seem to be a risk — disclosing your medical history, you should always disclose any previous injuries, no matter how irrelevant they may seem. Failure to do so may damage your credibility and potentially devalue your claim.

If you or a loved one have been injured by the negligence of someone else, you may be entitled to compensation for your injuries. To learn more about the compensability of your claim, contact our experienced Long Island personal injury attorneys at McGuire and Peláez P.C.  Our attorneys will help you to decide on the best course of action for your personal injury claim.