Personal InjuryHow Will My Preexisting Condition Affect My Personal Injury Claim?

January 29, 20200

At Binder & Associates, our experienced Encino, California personal injury attorneys understand that very few of us make it through life without suffering from an injury. Whether it was a broken arm you suffered as a kid, or a chronic condition that requires ongoing care now, if you have a preexisting condition — which simply means it existed before the accident that caused your injuries — and it is made worse by the crash, the negligent party is not exempt from responsibility just because you had that condition before the accident.

Our Los Angeles County attorneys can provide the skills you need to communicate your complete financial needs with the negligent party and their insurance company, so you are not left paying for your injuries out of pocket.

Learning when to hire a personal injury attorney is paramount to your physical, emotional, and financial recovery success, and we can help get you there faster while protecting your rights — including your preexisting condition — from the insurance company.

Should I Tell the Insurance Company About My Preexisting Condition After an Accident?

The short answer is no. You do not have to give the insurance company any information regarding your medical history.

The one thing that all accident injury victims should know about insurance companies is that they will always try to pay the least amount of damages possible after their negligent policyholder causes a collision with injuries.

First, they will try to manipulate your statement, so it sounds as though you are taking responsibility for the crash. This is a common tactic all insurance companies use to avoid making any payments to the injured party, and they will record the conversation to use it against you going forward.

Next, they will try to access your complete medical record to focus on preexisting conditions as the root cause of your pain and suffering — explaining in their denial that their client couldn’t be responsible for something that happened to you years ago.

You should never sign any release allowing the insurance company to review your medical history. While they may require access to your records to review the actual injuries that took place during the crash, there is a limited release that will only allow them to review your current medical record from the accident.

At Binder & Associates, our Encino personal injury attorneys will protect you from any blanket agreements the insurance company “requires” you to sign before reviewing your financial recovery needs. We will counter their requirements with facts and information that is only pertinent to this case, so they cannot take advantage of your previous medical history and use it against you to avoid paying for your medical care, lost wages, and additional expenses that are incurred because of their policyholder’s negligence.

Get the Legal Protection You Deserve After a Encino Car Accident

If you have been hurt in an accident and are afraid your preexisting medical condition may jeopardize your ability to recover financially, contact our experienced Encino personal injury attorneys at (818) 659-8588 today to schedule a free consultation. Our compassionate attorneys will protect your rights during each step of your case, so you can focus on your physical and emotional well-being, while we pursue the financial outcome you deserve.