Credibility is the Key to Your Claim!
Simple mistakes can ruin your claim. To avoid sleazy insinuations from the insurance company that you are trying to cheat them out of money for your injury, please follow these simple instructions.
Many times after an accident, folks forget to tell the adjuster about other injuries they have had. They also don’t tell their treating doctors. Often, the omission is not meant to mislead anyone. People simply forget, or believe that there is no connection between it and their injuries they just sustained. A tricky adjuster, and later the insurance defense lawyer will “pounce” on the omission to make it look like the person was trying to deceive everyone about what “really caused” the injury in the first place. Tragically, many claims are over, even though the person never intended to deceive anyone. Lots of people get treatment for minor injuries over a lifetime, and they heal and get better, and there simply is no medical basis to connect the old injury with the current accidental injury. But, insurance companies have dozens of medical doctors that they pay for testimony who will insinuate the claimant has lied, and that the old injury is related to the current accidental injuries.
Remember, the insurance company has a vast resource of databases, and they already know about ANY injury that you have ever had in the first place. They are only trying to set you up. If you have had a prior injury, they are never going to pay your claim in the first place.
What should you do to avoid these problems? First, do not give the insurance adjustor a recorded statement. They will trick you into leaving something out of the statement by cutting off your answer, or asking a question out of context. These adjustors are to be treated like a rattlesnake, because they can be just as deadly to even good claims.
Secondly, if possible, prior to the time you visit with your doctor, write down a list of all accidental injuries that you ever had, even minor ones. Make a copy. Give the other to the doctor. It is vitally important that he is provided a full and complete history. That way you won’t forget when the doctor walks in to the room, and is in a rush. Be sure everything on your list is written down on any questionnaire. Then, explain to the doctor all of your symptoms from the prior incident, and if true, explain how the other injury had healed, and was no longer affecting you.
If you do this, you will appear credible when you and the doctor must explain about the prior injuries. Your doctor is in a position to medically explain how the old injuries have nothing to do with your current injuries. Credibility is the key. It is a rare person who has never had a prior injury, and a jury will understand this when you later have to try the case. But, the jury will never forgive you if they think that you have lied about it. So, please be sure to disclose ANY prior injury to your lawyer, and to your doctor.