Should You Disclose Your Pre-Existing Medical Condition Or Injury After A Florida Accident?
After suffering severe injuries in a Florida accident because of another person’s negligence, you may be eligible to recover compensation. If you had a medical condition or injury before your accident, you might be feeling worried that you won’t be able to recover compensation. Because of this worry, you may be feeling tempted not to tell your attorney or doctor about the pre-existing medical condition or injury.
So, should you disclose your pre-existing injuries or medical condition after a Florida accident? As much as it is understandable why you would think of lying, you need to be honest about your pre-existing condition or injury to your attorney and doctor after a Florida accident. After suffering a personal injury in Florida, the worst thing you can do is fail to disclose your pre-existing injury or medical condition.
Why You Need To Disclose Your Pre-existing Medical Condition or Injury
After suffering an injury in a Florida accident because of another party’s negligence, you may be afraid to disclose your pre-existing injury or medical condition for fear that the at-fault party’s insurance company and the at-fault party’s attorney will use that information against you. Indeed, defense attorneys and at-fault parties’ insurance companies will often use the pre-existing condition defense to justify paying a plaintiff less than they deserve or get out of paying altogether. However, your attorney can overcome this defense argument and still be able to get the best compensation for you.
Failure to disclose your pre-existing medical condition or injury after a Florida accident can diminish your chances of obtaining a fair settlement. Your non-disclosure can jeopardize your entire personal injury claim. If you lie, you risk losing your credibility if your lie is discovered. You could also face court sanctions if it is determined that you lied about your pre-existing medical condition or injury.
Remember, after an accident, the key is for you to prove that the accident worsened your pre-existing medical condition or injury. A pre-existing medical condition or injury does not automatically disqualify you from recovering compensation in a personal injury claim. Being honest about your pre-existing medical condition or injury gives your doctor and attorney an opportunity to determine how much your accident has worsened your pre-existing medical condition or injury. Being honest allows your attorney to prepare a strong defense that can help you fight the pre-existing condition defense if the defense side brings it up.
For example, let’s assume you suffer from intermittent lower back pain from a prior car accident or sports-related injury. As a result of your pain, you treat with a chiropractor 4-6x per year. Your MRI findings showed some shallow bulges in your lower back. Post-crash, your pain is now daily. You have shooting pains down your leg into your feet. The pain wakes you up at night. Your MRI findings now show herniations impinging on your spinal cord. Your chiropractors recommends you see a pain management doctor or orthopedic surgeon for a consult. This crash caused new injuries as a well as exacerbating/aggravating your old injuries. Shouldn’t you be compensated for this change? Of course you should!
Insurance Companies and Defendants’ Attorneys Always Find Out the Truth
If you were injured in a Florida accident and are considering lying about your pre-existing medical condition or injury, keep in mind that insurance companies and defendants’ attorneys always discover the truth. Insurance companies have tremendous resources, and they always use these resources to conduct extensive research before paying out money to plaintiffs. An ISO claim will tell the insurance company of any prior claim made by you – including auto accidents or workers’ compensation. Therefore, if you hide your pre-existing condition or injury from your attorney and doctor after an accident, you are setting them and yourself up to fail.
Contact a Delray Beach Personal Injury Attorney
If you suffered injuries in a Florida accident, contact our experienced and dedicated Delray Beach personal injury attorneys at Lyons & Snyder. We can help you obtain compensation even if, before your accident, you had a medical condition or an injury.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html
