Will My Medical History Be Used Against Me in a Personal Injury Lawsuit?

In Arizona, individuals injured due to another’s negligence are entitled to compensation, even if they have pre-existing medical conditions. The key is demonstrating that the accident aggravated or worsened the existing condition.

Recent Case in Phoenix

Consider the case of Zimmerman v. Superior Court, where the Arizona Supreme Court ruled that defendants must disclose investigations or surveillance relevant to the lawsuit. This underscores the importance of transparency and the role of medical history in personal injury cases.

Arizona Law and Your Rights

Arizona follows the “eggshell plaintiff” rule, meaning defendants take plaintiffs as they find them. If an accident exacerbates a pre-existing condition, the responsible party is liable for the additional harm caused. This principle ensures that individuals with prior health issues are not unfairly denied compensation.

Statute of Limitations

Under Arizona Revised Statutes § 12-542, you have two years from the date of injury to file a personal injury lawsuit. It’s crucial to act promptly to preserve your rights.

What To Do Next

Transparency is vital. Disclose all pre-existing conditions to your attorney and medical providers. This honesty allows for a clear distinction between prior health issues and injuries caused by the accident. Proper documentation and expert testimony can effectively demonstrate how the incident worsened your condition.

At Hirsch Talcott, our personal injury attorneys have extensive experience handling cases involving pre-existing conditions. Attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and Attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, are dedicated to advocating for your rights.

We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about our fee structure.

Don’t let concerns about your medical history deter you from seeking the compensation you deserve. Contact Hirsch Talcott at 602-903-6000 for a free consultation.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix wrongful death lawyer to understand your options.