As Tennessee personal injury lawyers, we spend of time listening to our clients explain about injuries they received in car wrecks, truck accidents, and lots of other situations. One frequent question we are asked is whether the insurance company defending the case will be able to explore the client’s medical history.
A person’s medical history is important in any case in which he or she is claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. The medical history establishes the baseline of the person’s physical or psychological well being before the injury. Tennessee law requires medical evidence to show that a negligent act caused an injury, so a medical history can establish the lack of any prior problem that our client complains was caused in a car wreck or other event.
Tennessee law provides that you may not recover damages for physical and mental suffering from prior medical problems or medical care to treat those pre-existing problems. However, when a preexisting condition is made worse y the wrongful act of another person byou can recover damages for the worsening of the condition. Your medical history will be important to proving this claim – your lawyer will have to show what the condition was before you were injured and, with the assistance of testimony from a doctor, how the injury made that condition worse.
It is essential to the tell your lawyer the truth about your medical history. There are various tools available to insurance companies to discover your medical history, and a failure to be completely candid will severely affect your case.