Past Medical History in Tennessee Personal Injury Litigation

People who have been injured in car or truck accidents and seek the services of a Tennessee personal injury lawyer frequently want to know if their medical history will explored by the insurance company of the person who caused their injuries.

The answer to that question is simple:  it depends.  

First, the nature and extent of the inquiry that is made into a person’s medical history is dependent on the nature of the injuries claimed.  If you broke your arm in a car accident and it healed without much difficulty and with no long-term impact on your life, the insurance company will only want to confirm that you have not broken that arm in the past.  Indeed, it may not even do that, since such information would probably be in the treating doctor"s records or visible on x-ray.

However, if your injuries are more serious, if they will have an impact on your future, or if they are suspicious, more exploration of your medical history will occur.  Likewise, different insurance companies have different practices in this regard – some attempt to dig deep into medical history in many cases, and others have a more flexible approach.

The mere fact that you were involved in a personal injury case does not mean your medical history is an open book.  An experienced Tennessee personal injury lawyer knows what must be revealed and when to ask the Court for protection from having to reveal information that the insurance company has no right to know.

The most important point for you to remember is to tell your lawyer the truth about your medical history.  Do not make the judgment that something in your medical history is not important.  Instead, disclose everything to your attorney so that he or she can make an informed judgment about what the insurance company is entitled to learn and what should be protected from disclosure.