Imagine this scenario: Sarah was in a car accident that left her with chronic back pain. She meets with her car accident attorney to discuss filing a personal injury claim. She had lower back issues years ago after a fall, but she’s worried about mentioning that. She thinks it may weaken her case or make her look dishonest, so she doesn’t say anything about it.
Months later, during the discovery phase of her case, the defense attorney working for the at-fault driver uncovers her past medical records. They reveal Sarah’s prior fall and back injury. Now, that attorney can question Sarah’s credibility. Suddenly, Sarah and her attorney have a complication they have to deal with that may make it harder for Sarah to recover her medical costs.
Sarah is not alone. Clients often worry about disclosing all of their medical history to a personal injury attorney. Below, we explain why it’s important to do just that to build a strong and credible case in your favor.
If you suffered serious injuries in an accident, contact our Virginia Beach personal injury attorneys. We can help you feel secure in sharing whatever information is necessary to help you obtain the compensation you deserve.
Why Clients Hesitate to Share Their Medical History
There are many reasons why you may hesitate to share your complete medical history with your attorney.
It doesn’t apply.
It’s understandable to think that you should focus only on the injury you recently sustained. You may believe any previous injuries or conditions don’t matter in your current case.
Someone with a prior knee injury, for example, might not think it worth mentioning when seeking compensation for a car accident-related case of whiplash. In personal injury cases, though, all medical history is relevant, as it provides context for understanding how the accident affected your overall health.
It will negatively affect my case.
You may worry that mentioning a pre-existing condition will hurt your chances of recovering compensation. Insurance companies or the opposing counsel may argue that your injuries are related to your pre-existing condition, not your accident.
This is an understandable concern, but realize that not disclosing those pre-existing conditions could hurt your case later on.
I’m embarrassed.
It’s not easy to tell an attorney everything about your medical history. Sensitive conditions, especially, can be difficult to talk about. You may fear that you’ll be judged.
Here, it’s important to remember that attorneys are trained to handle personal information with discretion and confidentiality. You can trust our Virginia Beach personal injury attorneys to always act with the utmost professionalism regarding your medical history.
Why It’s Crucial to Share Everything Upfront
It’s not just important to be transparent with your attorney—it’s critical to the success of your case.
The defense will find out anyway.
This is one of the biggest reasons you want to be forthcoming—the other side will likely gain access to your medical records and find out anyway. If your attorney is caught off-guard by new information you failed to reveal, it can undermine your credibility and weaken your claim.
If you disclose everything up front, you allow your attorney to anticipate any move the defense may try to make against you and prepare for it. Transparency ensures that your legal team can create a strong, persuasive argument in your favor.
Honesty builds credibility.
Credibility is a cornerstone in any successful personal injury case. If it comes out that you omitted or misrepresented details about your medical history, it can harm your trustworthiness in the eyes of a judge or jury. Full disclosure, however, allows your attorney to present you as an honest and cooperative client, which strengthens your case.
Pre-existing conditions don’t eliminate your right to compensation.
This is frequently misunderstood by clients. You may believe that if you have a pre-existing condition that was exacerbated by your accident, you’ll be barred from recovering for your expenses. Maybe you had a prior back injury like Sarah, for instance, and then because of the accident, your back pain worsened considerably. Can you prove that the accident caused significant damage?
With our personal injury attorneys on your side, you can.
How Your Personal Injury Attorney Can Help Build a Strong Case
With over 100 years of combined experience, our legal team can turn even a complex medical history into a compelling case in your favor.
Establish Baseline Health
We start by using your medical history to establish your baseline health before the accident. This can help show how the accident caused new injuries or worsened existing ones. We may also employ medical experts to testify on how the accident resulted in your current (worsened) condition.
Showing Aggravation or Exacerbation of Injuries
Remember that pre-existing conditions don’t let the at-fault party off the hook. As your attorneys, we will gather medical records, expert opinions, and other evidence to prove that the accident aggravated your prior injury.
Countering the Defense’s Arguments
If the other side tries to use your medical history to minimize your claim, we will be ready for them. As long as you let us know the details of your medical history, we will be prepared to counter these types of arguments.
While it’s natural to feel hesitant, know that you’re in good hands when you contact our firm today for a free initial consultation. If you’ve been injured in an accident, don’t let your fear about your medical history stop you from seeking justice.
We can build the strongest possible case for you, as we did for this Virginia Beach crash victim despite his pre-existing degenerative disc disease. The other side tried to minimize our client’s claim because he had a pre-existing condition, but we presented evidence from his doctors as well as from vocational experts that clearly showed the connection between the crash and the man’s partial disability. We helped negotiate a $675,000 settlement in his favor.
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