The other insurance company and its lawyer are searching for complaints of pain and injuries to the same parts of your body in the past.
Although Indiana allows damages to be awarded for pre-existing conditions that get worse due to an accident, juries tend to award lower amounts for injuries that preexisted, rather than were caused, by an accident. And auto insurance companies and their defense lawyers know this trick. So, they search and search for prior complaints of pain or injury to the same parts of the body you've injured in this claim or accident.
Oftentimes, a defense lawyer will say "If a window in a broken down house was shattered by an accident should the defendant pay for the broken window or the cost of replacing the entire house?"
Remember, only your doctor can testify whether an injury or pain was caused by the accident or incident. Your complaints will be noted by the doctor in his records (hopefully), but it takes medical testimony to establish this fact under Indiana law for a jury to assess damages.
The best method is to be entirely truthful about your past medical conditions. A jury will not award damages if they feel you lied or embellished your past medical history.
Here at Shaw Law, LLC, we believe that every accident is preventable. Every accident is due to someone's fault. You should not have to bear the brunt of the negligence of someone else.
You can hire us to start working on your case in less than 10 minutes. Simply click the 123.intake below, fill out a few simple information requests and we can get started working for you immediately. Then when you come in, we will have the information necessary to ask the real questions to get your case moving forward.