Having a lawyer early on in a personal injury case can help to avoid some of these problems. Some doctors do not like to get involved in litigation and may not want to use language that you or the claims representative suggests. If a surgery is required due to an accident you should consult with a good personal injury lawyer. By contacting the doctor yourself you may risk damaging your case. You will be better served by retaining a lawyer to insulate you from the process of obtaining the necessary legal opinions. The claims representative is not looking out for your best interests, that is not his job. He probably understands that a good attorney may increase the value of your case. Good luck.
Get your attorney to work with your doctor to assist your case.
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
I am not licensed in NH, and can offer you general advice. The legal standard is that the collision be a significant contributing cause of the condition requiring surgery, and that but for the collision you would not have needed the surgery more likely than not. Often doctors do not want to assign a percentage, but you are not asking that he say that this is a certainty. Only 51% - more likely than not that without the collision you would not have needed the surgery.
As I am licensed in Vermont and Florida, I cannot comment specifically on New Hampshire law. However, generally, in this circumstance you describe, you will need the assistance of a personal injury attorney who is knowledgeable about how to obtain the information needed from the Dr. Your attempt to deal directly with a claims representative from the insurance company, in a case where clearly you have pre-existing conditions, may not be the wisest thing to do. You should consult a personal injury attorney as soon as possible. You may also wish to review some of the Legal Guides I have published on A V V O .com which address some of your concerns.
Sign up to receive a 3-part series of useful information and advice about personal injury law.