The lawyers employed by an insurance company search for evidence of any factor that could help to weaken a claimant’s case. Sometimes, those same lawyers find that their search leads them to a piece of information in the claimant’s medical history.
Methods that add positive support to evidence of a pre-existing condition
If measures have been taken to control a pre-existing condition, then the affected patient has arrived at an acceptable level of health. That is the same level of health that is enjoyed by someone that might get into an accident.
In other words, a defense team would not have strong grounds for an argument that was based on a claimant’s inclination to become injured. The claimant’s medical report would show that the patient/claimant had no greater tendency to get injured than any other person.
Understand that the victim of an accident can seek compensation for more than physical injuries. Working with a personal injury lawyer in Rosemead, that same victim needs to search of evidence of a psychological or emotional injury. The presence of a pre-existing condition would have nothing to do with the development of such a problem.
For instance, someone that was driving at the time of a collision might become hesitant to get behind the steering wheel, once again. If that same person sought professional help, in order to overcome that apparent phobia, the responsible driver’s insurance company should cover the cost for such help.
Does it help to hide the presence of a pre-existing condition?
No, it does not, especially if the reported injury has affected a part of the victim’s body where a chronic medical problem has been identified. In fact, it could be that the forces related to the unfortunate event (accident) reversed the progress that had been achieved by the effective treatment for the victim’s chronic condition.
For instance, suppose that someone with a ventricular shunt got rear-ended. Later that same person developed headaches, which would indicate a malfunction in the shunt. It would appear that the back and forth movement of the driver’s/victim’s head caused the shunt to stop functioning.
A ventricular shunt corrects for the problem known as hydrocephalus. Doctors warn a patient with hydrocephalus not to dive, or put the head down repeatedly. Yet those same doctors have never told such a patient not to drive. Neither has any physician suggested that someone with a ventricular shunt ought to wear 2 seat belts. Still, that fact would not keep an insurer’s attorney from suggesting the need for such a device. Good lawyers stand prepared to deal with such tactics.
Good lawyers know how to gain access to useful experts. An expert can refute claims made by an insurance company.