The Importance of Disclosing Prior & Subsequent Injuries During Your Case
Updated: Sep 19
If you are involved in an injury that you are represented by an attorney for, it is very important, that at the time of your initial intake that you make sure that your attorney is advised of any prior problems that you have had with regard to any serious injuries in your past. This is especially true if you have had previous injuries to the body part that you have injured for which the attorney represents you. This will allow the attorney to provide you the best representation possible and also will prevent unknown surprises to occur in the future. If at all possible, provide your attorney with documentation, or at least a list, of the medical providers which you had previously sought treatment with for your prior injuries so that your attorney is not surprised by any of these documents if confronted with them by the insurance company or the defense attorney.
Another benefit of providing your attorney with this information is that your attorney can preventatively have your prior medical records reviewed to determine whether there is a significant change between your prior medical records and current medical records in order to show the severity of your newer injury. More information is almost always better than less information when dealing with an injury claim.
The same holds true if you happen to be unlucky enough to be involved in an intervening accident that occurs while your case is pending with the attorney. If you are involved in another accident after you have already retained an attorney, it is very important that you let your attorney know that this event has occurred. Again this is a best practices situation in order to avoid surprise with the insurance company or a defense attorney. It is also important that you let your attorney know this so that they can determine whether the new accident or injury may also be a claim for you. This information is also necessary for your attorney to determine if the intervening accident will change the steps that your attorney takes with regard to your case. The intervening accident may change their game plan with regard to your claim based upon this intervening accident if the intervening accident is serious enough.