Pre-Existing Injury and Your New Kansas City Injury Claim

Let's just put this instruction out there right away: If you had a pre-existing injury, and have suffered injury in a Kansas City accident, DISCLOSE IT, right away, to your treating doctor and your attorney. Here's why:

• Although you had a pre-existing injury, if your condition was aggravated by the recent injury, you may still be entitled to compensation. 
• Your credibility is crucial to your claim. Although you may not being telling an outright lie, withholding information is deceitful and will damage your claim when discovered.
• The insurance company will likely find out anyway. There will come a point where you may be required to disclose medical records, doctor's notes, former insurance claims, etc...You can be certain that the insurance company will be looking for former injuries, among other things.
• You may have to give a deposition, where you will be asked about pre-existing injury and/or claims. Depositions are sworn statements and withholding information can result in criminal penalties and/or the dismissal of your claim. If you wait to reveal this information until the deposition, the deposed statement, will be used to show deceit in your prior statements. 
• You never want to leave your attorney in the dark. The last thing you will want is be at trial when your attorney finds out, for the first time, that you had a pre-existing injury. Doing so will prevent your attorney from properly preparing and presenting your case (ex. presentation of the "eggshell plaintiff" rule and jury instruction), which will absolutely, negatively, impact your compensation. 
• Your treating physician, with full disclosure, can treat and/or make recommendations based upon your former injury. Additionally, the doctor may refer you to specialist who will treat, make recommendations and determinations, and later be called upon to share their expertise in the matter. 

It is of the utmost importance that you maintain your credibility in personal injury cases. Disclose information to your attorney and treating physician right away. A pre-existing injury does not necessarily prevent you from just compensation. Call Attorney T. Morton today for your free consultation @ 913.602.7288.