Pre-Existing Conditions in Personal Injury Claims

A pre-existing condition is any medical issue or health problem you might have had before a new claim. Common examples include chronic back pain, arthritis, or previous injuries from other accidents. Your accident claim may have to determine whether the accident worsened your condition. Alternatively, is the pain you’re experiencing now from the pre-existing condition?

If you were in an accident caused by someone’s negligence, contact an experienced personal injury attorney immediately. They will be in the best position to assess your case, review the medical records, and give you legal advice.

Can I Still Recover Compensation for a Pre-Existing Condition?

Yes. Individuals with pre-existing conditions can still recover compensation in a personal injury lawsuit. The “eggshell plaintiff” doctrine means we take the injury victim as we find them. This includes all the pre-existing conditions and vulnerabilities. If a new injury worsens your health condition, you should get compensation for the additional harm. It can be challenging to tell which symptoms are from the recent injury and what is related to the pre-existing condition.

You have to show how the accident worsened the condition. If a new injury aggravates a pre-existing condition, you can get compensation for the harm caused by old injuries and the new ailments.

How Does a Pre-Existing Condition Affect the Amount of Compensation I Can Recover?

Your pre-existing condition can complicate compensation in a personal injury claim. The amount of compensation will depend on how much damage the new injury caused. A new injury worsening a prior injury may entitle you to a substantial amount. However, your compensation can be less if there is little impact on your previous injuries.

The insurance company will try to distinguish between damages caused by the new injury and the scope of the pre-existing condition.

How Can I Prove My Condition Was Aggravated by the Accident?

To prove that a new injury aggravated a pre-existing condition, you will need evidence. Evidence includes medical records, medical bills, and expert testimony identifying changes in your condition. Your medical history from before and after the new injury will show how your condition changed.

Medical experts and medical professionals can explain how the new injury impacted the pre-existing condition. You can also document symptoms, treatments, and the impact on your daily life to establish aggravation.

What Are Some Pre-Existing Conditions That Accidents Can Aggravate?

Common pre-existing conditions include chronic back injury, arthritis, and degenerative disc disease. New injuries can worsen current injuries and cause pain, reduced mobility, and other complications. Every case is different. Compensation will depend on your health before the new injury.

What Should I Do if the Insurance Company Denies My Claim Because of a Pre-Existing Condition?

The insurance company may deny your claim based on a pre-existing medical condition. The right personal injury law attorney will know how to deal with the insurance claim to preserve your rights, including the right to sue.

You should also collect and save all the evidence that shows how the accident worsened your condition. Medical records, receipts from medical expenses, and expert opinions are crucial in such situations.

How Can I Maximize My Compensation for an Aggravated Injury?

To maximize compensation for an aggravated pre-existing condition, you should document how the new injury has affected your health and daily life. This includes keeping detailed medical records, using experts to provide expert medical opinions, and journaling your symptoms and challenges after the new injury.

A skilled personal injury attorney will guide you through this process. When necessary, they will negotiate with insurance companies and prepare your case for trial.

What Are Some Common Tactics That Insurance Companies Use To Deny Claims?

Insurance companies will scrutinize your medical records to find evidence of pre-existing injury. They will use these to argue that your injuries are not due to the accident. They might also minimize the extent to which the accident worsened the condition. Understanding these tactics can your lawyer deal with the insurance adjuster.

What Are the Benefits of Hiring a Personal Injury Lawyer?

Hiring a personal injury lawyer provides several benefits and advantages. Experienced lawyers understand complex legal and medical issues. They know how to gather and present evidence and counter insurance company tactics. They will also negotiate settlements and represent you in court.

Your lawyer can make sure you get fair compensation for your accident injuries. Don’t let a pre-existing condition limit your legal rights.