Legal Question in Personal Injury in California
Pre-existing Condition - Auto Accident - Ins Co form & Granting release of medic
I was rear-ended 16 mo. ago at a slow speed. Not a big deal, except I was rear-ended badly 21 years ago. I still suffer soft-tissue problems and am in PT every couple of/several years. This new accident exacerbated my soft tissue problems, so I had PT--bills around $20,000. My insurance co. paid to max, my health ins. made up the difference. QUESTION: In the papers from the lady's ins. co., they want me to sign ''Authorization to Release Medical Records'' and I'm concerned about the part called ''Most Recent Five-Year History.'' The header states it has ONLY to do with ''my injuries arising from the accident'' in question. If true, why do they need to go back 5 years? I'm afraid they'll say ''pre-existing condition'' and cop out on paying. But I was doing fine and didn't need therapy until their insured hit me. IS IT OK to sign the release? Can they proceed and process my claim and pay if I DON'T SIGN that part? They make it sound like I have to. I just want my insurance co. to be paid back, and perhaps I can get a little compensation too. Thanks so much.
3 Answers from Attorneys
Re: Pre-existing Condition - Auto Accident - Ins Co form & Granting release of m
In workers' compensation law, apportionment would be a really big issue if this accident occurred while you were acting within the scope and course of your employment. However, you're in civil (Assuming that this did not occur while you were acting on behalf you an employer) and therefore the theory of "Egg Shell Plaintiff" applies. This means that the defendant must take the plaintiff as they find them. In other words, your past injuries should not be applicable. However, that is not to say that your case will end up in trial fighting the "nature and extent" of your injuries.
You really should hire an attorney. Those who try to take on insurance companies by themselves usually lose, especially in a case such as yours.
If you agree with me, please feel free to give me a call at 818-943-0462. I will give you a free consultation.
Best regards,
David B. Lupoff, Esq.
Re: Pre-existing Condition - Auto Accident - Ins Co form & Granting release of m
Your posting clearly identified pre-existing conditions and treatments that are material to any discussion of present condition. Yes, they will affect this case's recovery value, but it is useable to show 'fragile' plaintiff more easily susceptable to injury. The defense WILL or already did find out about the prior problems; they are actually just seeing if you are willing to lie and withhold that info.
You need experienced counsel to handle the case in order to maximize your recovery with all the facts. Feel free to contact if interested in doing it right.
Re: Pre-existing Condition - Auto Accident - Ins Co form & Granting release of m
I wouldnt, but not for the reasons you indicate. You will need to confront your past injuries up front so knowledge of that is not a problem. You need a lawyer.
JOEL SELIK
Attorney at Law www.SelikLaw.com
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