When it comes to personal injury law, one of the biggest challenges is determining how your pre-existing conditions may have affected the situation. It's made more difficult because every state has its own regulations about how to handle those cases. If you're facing a personal injury case with a pre-existing condition, you'll want to be sure that you understand exactly how that condition affects the case. Here's what you should know before you file.
Does A Pre-Existing Condition Prevent You From Filing?
While a pre-existing condition might contribute some to the determination of injury severity, it will not prevent you from being able to file the case. Before you file the claim, you'll want to talk with your attorney about the nature of the injury. That way, you can determine how the condition may affect your injury. By evaluating it before you file, you can work together to define the differences between your pre-existing condition and the injury that you suffered.
What Should You Know About Documenting Your Injuries?
Especially when you have a pre-existing condition, documentation is essential for your personal injury case. The medical documentation you supply will be necessary to prove the differences between your pre-existing condition and the injury that you suffered.
There's a good chance that you'll see many different doctors during the course of your treatment. Make sure that you get copies of the records from every one of them. Ask for copies of any images, lab tests, and other independent records too.
Why Do You Need To Maintain Consistent Medical Care?
Particularly if you have a pre-existing condition, you'll want to show that you've received consistent, comprehensive care. If you skip treatments or cancel appointments, it can weaken your case by showing that your injury may not be as severe as you think.
In addition, don't switch doctors frequently. Maintain your care schedule with the same doctors to show consistency. Switching doctors may lead the courts to wonder if you were simply shopping for the diagnosis that you wanted. In addition, changing doctors frequently could leave you with essential symptoms or problems overlooked. You'll want to stay where you have a solid baseline of care to ensure proper records and evidence for your case.
If you have a pre-existing condition, you'll need to be more attentive to the way that you handle the case and your medical care. Talk with your personal injury attorney to see what your options are.