Disclosure of Pre-Existing Injuries

Throughout the years, we have found that some clients are reluctant to acknowledge pre collision health problems. If a client comes to see us after a motor vehicle accident and  is complaining of soft tissue injuries to the neck, shoulder, or back, obviously any history  of similar pre-collision problems is going to be relevant in determining the value of their  claim. In most accident and injury cases, a victim faces questions from the opposing  party’s legal team and insurance company about pre-existing conditions. Although an injury victim is not entitled to compensation for injuries or medical conditions that existed  prior to an accident, injury victims are certainly eligible to obtain compensation for injuries  that are made worse by an accident. In this blog post, we will discuss pre-existing injuries  and why it is important to disclose any pre-existing injuries or conditions when filing a  personal injury claim.  

Why It Is Important to Disclose Pre-Existing Injuries 

To be honest, many clients will initially deny having any pre-existing injuries or conditions.  It goes like this; we will typically ask a client if they have ever had any back pain before  their accident. Most clients will typically respond with a simple “No”. Upon further inquiry, we may learn that the client was previously treated by a chiropractor or had suffered back  pain from some other incident. When confronted with this inconsistency, the client will  typically admit that they had back pain or had sustained an injury before the accident but  that the pain or injury they currently have is different from that prior injury or condition. It  is important for clients to understand that they must be candid about their pre-collision  health. Most clients are under the misguided perception that if they acknowledge pre collision health problems that are like post-collision health problems, they will not be  entitled to advance a claim and will get no compensation. This is false. They believe that  full disclosure of their pre-collision health will hurt their case. Clients must understand that  if they misstate their pre-collision health, their credibility will be significantly undermined  and compromised. Clients must understand and accept that by acknowledging pre collision health conditions they are in fact enhancing and bolstering their credibility. Do  not give the defense lawyer the opportunity to say to the jury, “Members of the jury, the  plaintiff was not truthful with you about his or her pre-existing medical history and hence  you should not believe anything the plaintiff says about their current medical condition.  Additionally, it is important for you to understand that depending on the nature of your  claim, an insurance company may investigate your claim and hire a private investigator  to conduct surveillance. Some clients believe that this is an invasion of their privacy, but  insurance companies can do this. Throughout the personal injury claims process, clients  will provide information about their activity level to individuals such as their health care  providers, defense medical examiners, adjusters, and even to opposing lawyers at an  Examination Under Oath.  

Contact a Accident lawyer in Miami Today!  

At Suarez & Montero, we can help in all stages of your personal injury claim. We can help  obtain evidence, document your injuries, and negotiate a settlement of your claim or case.  We also make sure to keep our clients informed at all stages of their case. We believe  that our clients deserve the highest level of service. Because your case is important to  you, you can be assured that it will be treated with the highest level of care and attention  by our attorneys and staff members. A skilled personal injury lawyer can make sure you  avoid common mistakes injury victims make when negotiating a claim with an insurance  company or the party responsible for the injury. Insurance companies are counting on  you not to get informed on your case and hire a personal injury lawyer. Suarez & Montero  has been assisting injured clients in South Florida for over 19 years against insurance  companies. We appreciate the extensive impact an injury can have on one’s life or on  their family and overall health. That is why our firm focuses on protecting the rights of  injured victims. If you or someone you love has been involved in an accident, contact us  today for a free consultation.  

We serve clients throughout Florida including those in the following areas:  

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead,  Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester. 

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston;  and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.