Accidents happen unexpectedly, and they can lead to serious injuries. This is why you have to be fully aware of your medical benefits. Whenever you're in an accident, you should ask your lawyer about the effect of a pre-existing condition injury to your medical claim.
There are a lot of instances reported in Louisiana when a car accident aggravated a pre-existing condition. In this kind of situation, therefore, it is imperative for the victim to inform the doctor about his or her pre-existing injury or medical condition. If you have a pre-existing condition and an auto accident happens, you should how it may effect your medical claim.
What Is a Pre-existing Condition?
A pre-existing condition may be an old injury or any physical condition that causes pain and suffering to the person. For old physical injuries, it includes those that have never fully healed. A pre-existing condition can also be a chronic disease or an illness that causes occasional pain.
Other examples of pre-existing conditions are clinical depression, high blood pressure, type-2 diabetes, and asthma. Being fully aware of your health condition and being honest about a pre-existing medical condition with your doctor and lawyer can potentially give you an advantage in a lawsuit.
Why You Should Inform Your Doctor about Your Pre-existing Condition
Full disclosure of your pre-existing condition to your doctor is critical in strengthening your chance of getting compensated. If you fail to disclose this vital information, you are also letting go of your best strategy to win the case.
Under the legal principle of “equal protection of law,” a person who has a pre-existing injury or medical condition is more likely to be injured compared to other people. Therefore, these people who are more vulnerable than any other individuals who are not suffering from any pre-existing condition should get more legal protection.
What should be found on your medical certificate?
Aside from the negligence of the defendant, a medical record can also be used as a piece of powerful evidence in cases involving pre-existing medical conditions. To prove that your condition has been aggravated because of the accident, you need a comprehensive medical record.
Your medical record should describe the severity of the old injury or condition. It should also illustrate how your life was affected because of that condition. Most importantly, it should express how the accident aggravated the pre-existing condition.
The medical certificate should include the different symptoms you have experienced after the accident. There are some cases when the doctor is invited to testify and before the court.
Get the Help of a Work Injury Attorney
If you have been injured while you are working, you need the help of a lawyer who is an expert in cases involving work injury. This is the best way for you to protect your rights and make sure that you will be adequately compensated.
Schwartz Law Firm has been serving injured workers and accident victims in Southeast Louisiana for over 25 years now. We can help you get the compensation you deserve to help with your medical expenses. We will fight vigorously to help you. Call us at 504-837-2263 (New Orleans) and 225-766-6775 (Baton Rouge).