Insurance

Perhaps it's just a natural tendency to not disclose relevant issues when filing a lawsuit. However, such a decision may spell disaster if you intend to pursue settlement loans, lawsuit loans, legal settlement loans, and other forms of litigation funding.

Is it important for you to disclose a relevant past medical history if you are filing a lawsuit, a significant basis of which will be the amount spent for medical services? In almost all instances, it depends! If you are filing a claim for damages and "medical specials, rest-assured that your past medical history will need to be explored!

Unfortunately, many providers simply do not understand the importance of making a determination as to whether a past medical history is either contributory or non-contributory. However, this is one of the most important distinctions that one can make in accepting an individual for care and treatment. Furthermore, it will be extremely important for you to be very forthcoming with your attorney regarding relevant issues with respect to care and treatment you may have received for previous conditions.

I recently encountered a case in which an individual had sustained injuries in a motor vehicle collision in August 2010. The individual was involved in another car wreck in September 2010. However, the provider merely alluded to the fact that the patient had been involved in motor vehicle collision in August 2010. There was no further discussion and the provider failed to request past medical records. (If you were paying the claim for injuries sustained in the motor vehicle collision in September 2010, would you want to know what happened in the motor vehicle collision in August 2010? I know that I would.)

If you intend to pursue lawsuit loans, settlement loans, legal settlement loans, pre-settlement loans, and other forms of lawsuit funding, you must be honest with your presentation to both the attorney and the entity you expect to compensate you for injuries sustained. It is the height of naïveté to assume that an insurance defense attorney is not going to be able to find out about previous incidents in which have been involved. (This will certainly be the case if you have filed a claim in the previous incident.)

It is very easy for an insurance defense attorney to pull up information regarding any insurance claim that you filed in the past. Remember, the insurance carrier's attorney, although ostensibly they represent the defendant, will make every effort to mitigate (i.e., lessen) the extent of injury you sustained. The less severe the injury, the less substantial the award granted, in almost all cases.

How do you make a determination as to whether your past medical history is relevant? You must first make certain that you are forthcoming in divulging clearly what it was that happened to you prior to the particular claim you are now pursuing.

It is extremely frustrating for attorneys to get to the courthouse, prepared to give a very stirring presentation of the client's case, only to find that the client lied to them and they had substantial injuries prior to this specific incident. If the provider has not done a sufficient job in exploring the patient's past medical history, this is likely to spell disaster. Both judges and jurors look dimly upon individuals who attempt to falsely present damages to the Court.

Yes, if you intend to pursue lawsuit loans, settlement loans, legal settlement loans, pre-settlement loans, and other forms of litigation funding, it is very important that you be honest with those individuals who not only represent you (e.g., attorneys), but also those to whom you submit applications for your lawsuit loan. It is very likely that they will be able to make a determination relatively quickly that you did lie to them regarding relevant issues. If that is the case, you're almost certain to fail in your pursuit of a settlement loan.

Don't attempt to make the determination on a unilateral basis as to whether your past medical history is contributory. This is a determination for experts. Make certain that you are candid with them and allow them to fully explore relevant issues to make a determination as to what the best course of action would be in your case. When you do this, you substantially increase the likelihood of obtaining the lawsuit loans and settlement loans you seek.