How pre-existing medical conditions factor into personal injury lawsuits
May 11, 2020 by GKwriter
People with pre-existing conditions often worry that the conditions will make it impossible to win a lawsuit after being injured. Simply put, that is not the case. Your Virginia personal injury attorney can guide you in taking the proper steps to heal and find financial restitution.
While individuals with pre-existing medical conditions need to be extra vigilant in protecting their well-being after an accident, know that it is possible to win a personal injury lawsuit. It starts with the right legal team and medical professionals.
The more you know immediately following your accident, the better prepared you’ll be for your lawsuit negotiations. It’s especially important that you not delay in hiring an attorney.
To protect your ability to file a lawsuit and win, here are the important steps you should take following a personal injury.
Pre-existing conditions and filing a personal injury lawsuit
Protecting your ability to file a personal injury lawsuit is as simple as following some step-by-step guidance in your medical care. Just like any individual with an injury, it’s crucial that you follow your doctor’s recommendations and seek proper care. Without a documented injury, you have no financial damages to seek.
Here are the steps you should take after a personal injury.
1. See your existing doctor and get a formal diagnosis
You want continuity of care, so it’s crucial that you see your existing doctor. Armed with your medical history, your existing doctor can best determine what aspects of your wellbeing are tied to your injuries and what is tied to your existing condition.
By continuing to see your existing doctor, you also show that you aren’t trying to coerce any sort of diagnosis for purposes of the lawsuit. Upon evaluation, your doctor can recommend seeing other specialists to treat your injuries if that is necessary.
Be open and honest with your doctor. Explain your accident and what happened so that they can provide optimal care for your injuries. Ultimately, your goal is to recover fully from the incident with documentation that allows you to get your medical bills paid for by the at-fault party.
2. Your doctor can evaluate whether your condition was aggravated
Because your doctor has your full medical history and a knowledge of your pre-existing conditions, he or she can evaluate whether or not the accident aggravated your condition. By reviewing your medical history, your doctor will be able to document changes to your health.
Explain any new pain that you’re experiencing or pain that is more severe than it was before you sustained injury. Then, take all recommendations your doctor makes.
It’s very important that you follow your doctor’s recommendations fully. Follow the schedule of care that your doctor outlines including all daily stretches or exercises.
When you can’t make it to a medical appointment, call the office and have them document your absence. This is important to show during your lawsuit that you did all that you could to get better in a timely manner following the accident.
In cases where your doctor recommends that you see a specialist, ensure that the specialist shares notes and documents with your doctor. That way, your doctor can make decisions in an informed manner for your medical care.
3. Provide documentation on changes to your health
Now that your doctor who has knowledge of and experience with your pre-existing conditions has treated you for your injury, you can provide the at-fault party with documentation on changes to your health. Your Virginia personal injury attorney can pull together your medical documents and reports from your doctor as evidence for your lawsuit.
The opposite party in the lawsuit will work to prove that your pre-existing condition is the reason for your pain. However, a skilled personal injury attorney knows how to build a case even when you suffer from pre-existing conditions. The documentation from your doctor will be a huge asset in providing your case.
Hiring a Virginia personal injury attorney
Personal injury lawsuits can be the result of a car accident, medical malpractice, slip and fall hazards, and much more. If you’re wondering whether or not your injuries might qualify for a personal injury lawsuit, contact us for a free consultation.
Our team of experienced lawyers will review your case and the evidence. We’ll help you determine the right next step for you. Medical bills can add up quickly and, in some cases, medical insurance will deny your personal injury claims. Protect your financial wellbeing by contacting our team today.