Tennessee Injury Law Center
I was hurt in a car wreck and do not think that the other driver’s insurance company will offer me a fair settlement. My neighbor told me that the insurance company will look at my entire medical history before they settle my case. Is that true?
Your medical history is important in any case in which you are claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. Your medical history establishes the baseline of your physical or psychological well being before the injury. You can only recover in the lawsuit for the injury caused by the act or omission of the responsible person. You may not recover damages for physical and mental suffering or medical care necessitated by preexisting conditions. When a preexisting condition is made worse you can recover damages for the worsening of the condition. Your medical history will be important to proving this claim.
So, an insurance company may well insist upon the disclosure of your medical history before settling a claim. There are certain limits on what they can require you to reveal. An experienced personal injury lawyer can guide you through this process.