I have An Injury, But I Had Some Health Problems Before.  Can I Still Claim?

I have An Injury, But I Had Some Health Problems Before. Can I Still Claim?

The simple answer is yes, provided that you can show that the accident actually caused you some damage, and that it was not all due to a pre-existing condition. Many people have a previous history of (for example) back pain from time to time, especially those who work in a manual job. However, an injury may make that worse, or bring on new symptoms.

One of the things we have to establish is what is called causation. This means actually linking the injury, to the accident in question. This is really a matter for the medical experts, but again it can be helped by a statement from you, family and friends, particularly work colleagues in some cases, which show how you were before the injury and how you were after. It is, however, sometimes a grey area, and it is an aspect of the case often challenged by the Defendant insurer and/or their medical expert.

In most cases and all serious cases, it is likely that the Defendant’s will wish to obtain their own medical evidence, and they will seek to obtain your own medical records which they will wish to consider, and pass to their consultant. They (and we) may also need to obtain your personnel/occupational health and other records, this can be relevant both to injury and losses, in serious claims.

It is very important to be absolutely clear what you say regarding any previous problems. It is easy to forget problems we have had years ago, but if you do have a history of a problem, it is best to mention it. The doctor will pick it up from the medical records anyway.

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