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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. Continue reading “Does Past Medical History Matter in a Personal Injury Claim?”