If you’ve been injured in a car accident, you may be considering working with a personal injury attorney in Minneapolis, Minnesota to help you get the best possible outcome for your case. An auto accident lawyer can offer qualified legal counsel and fight for your rights. However, there are some important facts that your lawyer will need to know before getting started. For instance, if you’ve had any pre-existing injuries or conditions, your lawyer will need to know about these in order to mount a strong defense.
Insurance companies and negligent parties may try to weaken your case, claiming that your injuries existed prior to the accident. Insurance companies may sometimes use tactics, such as seeking medical authorization to review your entire medical history. They may use this information against you in court or in negotiations. For this reason, it is important that you don’t sign any releases or authorizations before speaking to your personal injury lawyer.
The good news is that having a pre-existing medical condition or injury won’t prevent you—in most cases—from receiving compensation for any injuries caused by an accident. The challenge will be in proving that your injuries resulted from the accident and didn’t exist prior to the event. According to the Journal of Accident Analysis & Prevention, it is well-documented that individuals with prior disabilities and injuries are more susceptible to injuries in an accident. In fact, researchers found that individuals with disability had a 30% to 40% greater chance of suffering an injury in an accident. In some cases, these injuries worsen the pre-existing condition, and in some cases these injuries cause new medical and health problems.
A lawyer can establish that your injury was sustained in an accident by providing medical record evidence. Medical professionals may need to be hired to provide expert testimony and to account for your prior medical history and current health following the accident.
According to Business Insurance, workers with diabetes, for instance, may take longer to recover from injuries and may need long-term care, or even permanent care if injured. A doctor can review your case and determine how much impairment is the result of an accident and how much is the result of your prior injury or illness.
While having a prior injury or medical condition puts the burden of proof on your doctors and diagnostic results, it is important to disclose any prior conditions you may have. If these conditions are revealed in court without your disclosure, they can seriously hurt your case. However, if you disclose these conditions up front and then build a strong case that shows exactly how your injuries are related to the accident—you’ll have a better likelihood of having a positive outcome.
The Law Office of Martin T. Montilino is a qualified personal injury law firm in Minneapolis, Minnesota able to assist you in all aspects of your claim. Whether you have a pre-existing condition or have questions about degrees of liability, Martin Montilino can provide answers. Contact the firm today for a free, initial, no-obligation consultation.
