How Your Medical History Can Play a Role In Your Personal Injury Claim

by | Feb 19, 2024 | Injuries | 0 comments

When you are navigating the aftermath of an injury, understanding the role your medical history plays in your personal injury claim is crucial. At the outset, it is essential to recognize that the details of your medical past can significantly influence both the process and the outcome of your claim. Whether you are dealing with injuries from a motor vehicle accident, a slip and fall, or any other incident, the specifics of your health background are likely to come under scrutiny.

At Dominguez Law, we understand the complexities involved in integrating your medical history into your personal injury case. Our dedicated team is prepared to guide you through this process, ensuring that your rights are protected and that you receive the compensation you deserve for the injuries you have sustained. We believe in a personalized approach to legal representation, emphasizing the importance of your well-being throughout your case.

Understanding the Impact of Pre-Existing Conditions

Your medical history is a pivotal aspect of your personal injury claim, particularly when it comes to pre-existing conditions. Insurance companies often scrutinize a claimant’s medical records to identify any prior injuries or health issues that could be used to challenge the severity or causation of the current injury. It is not uncommon for insurers to argue that your present injuries were merely exacerbated by pre-existing conditions, rather than caused by the incident in question.

However, it is important to know that having a pre-existing condition does not disqualify you from receiving compensation. In New Mexico, the law recognizes that an individual’s existing vulnerabilities should not be used against them unfairly. This legal principle means that defendants must take plaintiffs as they find them, pre-existing conditions and all. Our team is skilled in demonstrating the distinction between your current injuries and any previous health issues, ensuring that your claim accurately reflects the impact of the incident.

Moreover, disclosing your complete medical history to your legal team is essential. Full transparency allows us to build a strong case on your behalf, anticipating and countering any arguments the defense might use regarding your past health. 

The Role of Medical Documentation in Proving Your Claim

Accurate and thorough medical documentation is the cornerstone of a successful personal injury claim. It provides a detailed account of your injuries, treatments, and recovery process, serving as evidence of the impact the incident has had on your life. Immediately following an injury, it is crucial to seek medical attention, even if your injuries seem minor. This not only ensures that you receive the necessary care but also establishes a medical record of the incident from the outset.

Medical records, including doctor’s notes, diagnostic tests, and treatment plans, are vital in demonstrating the extent of your injuries and the necessity of the medical treatment received. These documents serve as a direct link between the incident and your injuries, challenging any attempts by insurance companies to minimize the severity of your condition or to claim that your injuries were pre-existing.

In addition to medical records, keeping a personal injury journal can be beneficial. Documenting your daily pain levels, challenges in performing routine activities, and the emotional impact of your injuries can provide valuable supplementary evidence. 

Get in Touch With Dominguez Law For Compassionate and Aggressive Legal Help

Choosing the right legal representation can make a significant difference in the outcome of your personal injury claim. At Dominguez Law, we offer a combination of compassionate service and tenacious advocacy. Our team is committed to fighting for your rights and maximizing your recovery, ensuring that you are not left to bear the financial burden of another’s negligence. Our approach is tailored to each client’s unique situation, leveraging our legal expertise and technology to build a strong case on your behalf. 

By choosing Dominguez Law, you are not just hiring an attorney; you are gaining a dedicated ally in your corner. For personalized legal assistance and to learn more about how we can help with your personal injury case, reach out today. You can speak directly with an experienced personal injury attorney by calling (505) 850-5854 or by visiting our contact form. Our consultations are free, and we’re here to help you start off in the right direction, whenever you need us. Our team also speaks Spanish.