Can they see my medical history from before the crash?

By claiming a physical injury you place your physical condition at issue, and prior records bearing on that condition become discoverable.

Where the line sits. Records relating to the body parts and conditions you're claiming, for a reasonable period, are generally fair. Your entire lifetime medical history is generally not — though insurers frequently request it.

Why it matters that a prior condition exists. Aggravation of a pre-existing condition is compensable in Florida. A person with a degenerative back who was functioning fine and now isn't has a real claim. The defense will argue the condition explains everything; the response is evidence of the person's actual functioning before and after.

What helps. Documented pre-crash function — work history, activity level, absence of treatment during a period before. Prior records that show the condition was quiescent are often more useful than no records at all.

The worst outcome is a prior condition disclosed late or discovered by the defense. Tell your attorney about every prior injury and claim at the first meeting.