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If the injuries sustained in your accident are similar to a previous injury from an unrelated incident, then your battle with the insurance company may be more intense than what you expected. In fact, the insurance company may simply try to deny your claim. And if the accident has merely aggravated a pre-existing condition, the insurance company will give their best effort to place a strict limit on the amount they pay out. Why is this?
Insurance companies will claim that your condition existed before the accident. To what degree they attribute your pre-existing condition to the symptoms you are now experiencing, will be important to determining what you may or may not receive in compensation.
In short, having a pre-existing condition can play havoc with your personal injury claim. It's for this reason that I always stress the importance of honesty to my clients during our initial consultation, especially in regard to pre-existing injuries and medical conditions.
In a personal injury lawusit, there are no secrets regarding your medical history. Even if you are represented by an attorney, the insurance company will have (and will use) the legal right to request information regarding your past medical history for as many years back as they feel necessary.
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