News & Info

“I have spent my career as a personal injury solicitor helping victims of accidents to achieve some form of justice. While personal injury law cannot provide a cure for any injuries, it can provide clients with some financial compensation for the upset and distress those injuries have caused. In addition, it can provide clients with the financial resources to fund their future medical expenses.

Our firm’s role is to achieve justice on a case-by-case basis for our clients within the confines of the legal system.

Personal injury law can be tricky to navigate for clients, particularly when it comes to previous medical history.

Someone who is making a personal injury claim is required by the law to prove two things:

1. You must prove that another party is legally responsible for causing the accident.
2. You must prove that you suffered an injury as a result of that accident.  Injuries are valued on the duration of their impact.

When I open a file for a client, I will ask them about their pre-accident medical history, including any accidents, illnesses, or medical conditions they may have, as well as any previous claims they have made.

The most crucial element of a client’s pre-accident medical history is anything that is relevant to the injuries they suffered in the accident. For example, if your back is injured in an accident, but you also previously suffered from back pain in the past.

Sometimes clients forget to tell me about a previous accident, illness or medical condition.

Clients have a duty to tell other parties throughout the case about their pre-accident medical history.

These parties include the doctors carrying out medical reviews and reports, the Injuries Resolution Board, the solicitors representing the party the case is against (the defendant’s solicitors) and of course, the Judge hearing the case.

Despite the number of opportunities throughout a case to discuss and reveal previous medical history, sometimes mistakes are made, and injuries, accidents and medical conditions are overlooked.

In most cases the client’s relevant medical records will have to be given to the other side through a process called ‘discovery’.

Pre-accident medical records are relevant in personal injury cases as they prove how the victim was before the accident.

If a medical issue is revealed in the medical records, that is relevant to the injuries sustained, and has not already been revealed by the client, this can have damaging results for the client and their case.

Failure to reveal a relevant medical condition can severely impact a client’s credibility, regardless of the reason why they did not reveal the condition.

The reasons for overlooking relevant medical issues or history are often genuine such as:

‘But I didn’t think it was relevant’

Please don’t make this judgment call alone.

Tell your solicitor everything in your pre-accident medical history and let your solicitor guide you on what is relevant

‘I forgot’

If you cannot recall your medical history, please tell your solicitor. Medical records can be taken up at an early stage to help refresh your memory on any previous conditions.

‘I thought it was different to the injury I got in the accident’

Again, please don’t make this judgment alone. Your solicitor can assist you with the relevance of any previous medical condition and your doctor’s opinion can also be obtained if necessary.

‘I am the victim, and it is not fair that they are dragging all this up from my past medical history’

It is fair. If you are claiming compensation for an injury, you have a duty to prove how you were before the accident and to prove the injury resulted from that accident.

‘I will tell the Judge that it is not relevant’

The Judge will make their own decision on whether your previous medical condition is relevant. It is better to reveal all previous medical conditions that may have some relevance and then explain to the Judge why they are not relevant, rather than justifying why they were not revealed.

The results of failing to reveal a previous relevant medical issue or indeed a previous accident can be devastating for your claim. Your case can be dismissed, meaning you receive no compensation for your injures, and the Judge can order you to pay the other side’s legal costs.

In addition a Judge can refer your non-disclosure to the Director of Public Prosecutions should they believe there was any fraud involved.

This can result in a criminal investigation and possible prosecution.

I am passionate about the work that I do, representing victims of accidents who sustain injuries.

After twenty years working with clients and discussing the issue of pre-accident medical history, my advice is: never take a chance, reveal everything to your solicitor and let your solicitor guide you on what is relevant and what needs to be revealed. Don’t risk your case, don’t risk your credibility.”