There is a good reason why the insurance company for the other driver wants access to your complete medical history. It wants to search for a pre-existing condition. If an insurance company can locate proof that an accident victim has a pre-existing condition, it is easy for the company to blame any damages on the pre-existing condition. Don’t be fooled by this common insurance company trick for undervaluing and denying valid injury claims.
While pre-existing conditions can impact the value of an injury claim, the law does not let an at-fault party off the hook for all damages simply because an innocent party had a medical condition or prior injury. A New Orleans car accident attorney can evaluate your claim and determine a fair amount of compensation based on all relevant factors.
Before you turn over your medical records to an insurance company, sign a medical release form, or give up because the adjuster told you that you were not entitled to money for your claim, call our NOLA personal injury law firm for a free consultation.
What is a Pre-Existing Condition?
Pre-existing conditions can include injuries from prior accidents, such as a back injury from a fall or a brain injury from a previous car wreck. Health issues that you were diagnosed with before the car accident are also considered pre-existing conditions, such as high blood pressure, epilepsy, or rheumatoid arthritis. Any condition in your medical history could potentially be considered a pre-existing condition if it can be linked in any way to the injuries sustained in your car accident.
How Does an Insurance Company Use Pre-Existing Conditions Against Accident Victims?
The insurance company may argue that your current injury is the result of a previous accident or health issue. For example, after your car accident, you suffer from severe back pain. The pain prevents you from working or performing many normal daily activities. If the insurance company finds evidence that you were diagnosed with degenerative disc disease, it may attempt to blame your current back pain on the prior diagnosis.
However, before the car accident, you did not experience severe and debilitating pain. The car accident may have resulted in an additional injury or it may have aggravated your current condition. If so, you deserve to be compensated for the additional injury you suffered because of the accident. Had the other driver not been negligent, your condition would not have escalated to its current level.
When a victim has a pre-existing condition, medical evidence proving an additional injury is required. In most cases, medical experts are needed to explain how the car accident caused the injury or aggravated a pre-existing condition.
Contact a New Orleans Car Accident Attorney for Help
Experienced personal injury lawyers understand these types of issues and how to fight back when insurance companies unfairly use pre-existing conditions to escape liability for a valid injury claim. If you have a pre-existing condition, make sure you talk with an attorney before discussing your condition or case with an insurance adjuster.
If you have questions about a car accident claim, contact Attorney Fred Olinde at The Olinde Firm. Call (504) 587-1440 or 1-800-587-1889 to schedule a free consultation with one of our New Orleans car accident lawyers.