Prior Medical Conditions

Secret 3: A Prior Injury or Medical Condition Will Likely Be Used Against You.

In a personal injury negligence case in Tennessee, an injured person who is not at fault is entitled to receive money to compensate for pain and suffering. For example, one case might include an injured person who suffers an injury to the head in a car wreck. In this particular case the injured person has a prior history of medical treatment for migraine headaches, which will create complications down the road since prior head problems existed. Keep in mind the claims adjuster is trained to ask about any prior injuries or medical treatment. Even though the injured person is not at fault for the car wreck, the existence of prior pain in the head will most often be highlighted and that prior ailment or pre-existing condition will often be relied upon as a reason to pay a substantially lesser amount than the case’s full value or to deny payment altogether. The same principle exists in workers’ compensation cases. A person who suffers an accidental injury in the workplace (when workers’ compensation is applicable) may be entitled to receive full payment for medical expenses at no cost to the injured worker. The adjuster’s interview always covers the question concerning prior injuries or prior medical conditions. Many cases are denied based on the adjuster’s discovery of the fact that the injured worker had pre-existing pain or a pre-existing medical condition. These denials are often times not based on solid medical evidence, but rather are excuses for the insurance companies not to pay. Here are some key questions you should consider before settling a claim … Automobile Accidents:

  • Who owned the other vehicle that caused the wreck and is that person or company liable?
  • Was the other driver running an errand for their employer at the time of the wreck and is the employer liable?
  • Is there another insurance policy that would apply to my case?
  • Will a signature on the insurance company’s release affect my ability to recover from any other parties or insurers who may be responsible or liable?
  • Am I required to repay any of the money from that quick settlement to my health insurer?

Worker’s Compensation:

  • Will I have lifetime medical coverage for my injury?
  • What happens if I lose my job after the settlement due to lay-off or termination?
  • What if my employer closes its business or is bought by another company?
  • How do I know if the doctor’s opinion of my impairment rating is correct?
  • Is the weekly benefit amount correct?



See Secret 4: Quick Settlements Are Not Always The Best Settlement



Be the first to comment!
Post a Comment