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Handling A Complicated Prior Medical History In A Personal Injury Case

May 31, 2012 by The Parrish Law Firm

When a person is injured in an accident and is seeking compensation for their injuries, it is their attorney’s job to prove to the jury that the defendant is responsible for the accident and the cause of the injuries. At the same time, the defense attorney will attempt to persuade the jury that the plaintiff’s injuries resulted from previous accidents or health issues. This is where prior medical histories become important.

When dealing with a complicated or extensive prior medical history, it can become very costly for the client. In order for an attorney to obtain all the medical records they will need in court, organize and review those records, prepare a medical expert to testify in court based on those records, and then present the case at trial, it will take a large amount of time, and therefore, a huge amount of money. That being said, an attorney must reach a compromise with his client to determine whether the value of the case is worth the costs. In other words, if an attorney believes that his client’s settlement will not greatly outweigh the legal costs, he may decline representation. However, if the client is set on seeking compensation by legal means, it is his duty to bear with his attorney through this time-consuming process.

If you have been injured in a recent accident, have a lengthy medical history and are seeking legal assistance, make sure your attorney is upfront and realistic about your case before proceeding. Typically, there are six stages that a personal injury attorney will go through when dealing with a complicated prior medical history. Click here for an in-depth explanation of each stage.

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