Car accidents have a way of turning accident victim's lives upside down in a hurry. To right things, healing is a priority. In the meantime, though, the insurance carrier for the driver that caused your accident may be hard at work making it harder for you to be paid the compensation you deserve. Read on to find out more about how medical mitigation could pierce your claim for damages.
What is Mitigation of Losses?
In a car accident, the insurer will see to it that they pay as little as possible. That is the job of the insurance adjuster. Many methods exist for reducing or eliminating the compensation you are entitled to receive and one is to throw suspicion on the validity of your medical expenses claim. Medical expenses comprise more than just another loss — the dollar amount feeds directly into your pain and suffering. The higher your medical bills, the higher your award for pain and suffering. It is in the best interest of the at-fault driver's insurer to reduce, or mitigate, those medical damages in any way possible. One very common way this occurs is to claim the accident victim was already hurt when the accident happened.
A Medical Records Request
It seems innocent enough. The insurer wants you to sign a form giving them permission to access your medical records. Unfortunately, they probably won't be happy with the medical records pertaining to the accident — they want them going back several years. If you receive such a request, the insurer is likely getting ready to challenge the coverage of your medical expenses. If you have not already retained a personal injury lawyer to help you get compensated, now is the time. You have some options other than handing over your private medical records and your personal injury lawyer knows how to deal with these requests.
What Are Preexisting Conditions?
Some previous medical conditions don't carry the potential to negatively affect your claim. If you have had previous surgeries, previous auto accident injuries, workers' compensation claims, etc., your injuries might come under scrutiny, though. Particularly if the injuries from the accident might have made your previous medical issues worse, you might have to put up a fight to get coverage. The personal injury attorney will need to show proof that you have new injuries and that any previous issues are completely healed.
You can do yourself and your attorney a favor by revealing information about previous conditions as soon as possible after you sign the retainer for representation. Preexisting conditions don't have to reduce or eliminate your compensation.
Contact a personal injury attorney for more information.