If you're still in the early stages of your personal injury lawsuit, chances are that your entire focus is on one thing: evidence. While it's true that collecting convincing evidence is the foundation to winning your lawsuit, you want to cover all angles, especially anything related to your injuries. The more money you need to fully recover physically and emotionally, the harder the defense will fight to prove otherwise. Here are two especially tricky health-related arguments you want to be prepared for to avoid getting blindsided in court:
Your Medical Background Is Intentionally Incomplete
Forgetting to fill in a few details on your last medical history report hardly seems like a big deal, and it happens all the time. The problem is that if you're hoping to be compensated for your injuries, the defendant gains the right to scrutinize your medical records, so a simple mistake can easily be spun into an intentional deception.
For example, if you're suing your employer after getting lung cancer as a result of inhaling chemicals on the job but you forget to list an earlier case of lung cancer in your family on your last medical report, the defense can argue that you intentionally withheld that information because you know your claim is dishonest.
In this scenario, triple checking your medical records in advance would've given you an opportunity to gather several statements from medical professionals who believe your disease is much more likely to be linked to your job than your genetics.
Your Appointment History Doesn't Match Your Claim
When you're in a lot of pain, going to multiple medical appointments is difficult, but it's important to remember that every official report from your doctor can be used to back up your claim in court. While keeping a journal at home to document your day-to-day symptoms helps, lack of independent oversight can instantly take away from your credibility.
If you're unable to drive, try to use taxis or other modes of transportation to get to your doctor's office. Down the road, these expenses can be included in your settlement.
To get a better idea of how you should handle the points above if they surface in your case, run through them with your attorney. In addition to making you feel more confident about the upcoming unknowns in court, a personal injury lawyer from a firm like Story Law Office should be able to help you find the potential loopholes in your case so you can be better prepared for a standoff with the other side.Share