Preexisting medical conditions can make personal injury claims more complex when someone is involved in an accident, as insurance companies might argue that their injuries were more due to preexisting issues rather than due to what caused their injuries in an accident. Here’s what you need to know about preexisting conditions and personal injury claims:
Pre-existing Conditions Do Not Rule Out Filing A Personal Injury Claim: Just because someone has a pre-existing medical condition does not mean they cannot file a personal injury claim for injuries caused by accident; if their pre-existing condition worsened or they experienced additional injuries from the collision, compensation may still be available for compensation claims.
Insurance companies may use pre-existing conditions against you: Insurance companies could try to argue that your preexisting condition was the primary source of your injuries or claim they’re exaggerating them or your medical records aren’t reliable.
Documenting pre-existing conditions is key: If you suffer from a pre-existing condition, it is imperative that it is documented fully prior to filing a personal injury claim. This can involve collecting medical records, keeping a pain journal, and speaking with your physician regarding how the accident impacted it.
Honesty Is of Utmost Importance when Discussing Pre-Existing Conditions: Being upfront with your personal injury attorney about pre-existing conditions is of utmost importance in building an effective case for compensation. Your attorney needs a full understanding of your injuries in order to build the strongest defense, so keeping anything hidden could have detrimental repercussions in the form of lower awards and damages awards in the end.
Your claim’s value could be diminished: If you had pre-existing injuries before being involved in an accident, their effects may change the value of your personal injury claim. For example, if an insurance company only compensated you for your new back injury and not any pre-existing ones.
Pre-existing medical conditions can add another layer of complexity to personal injury cases, but that does not automatically disqualify you from filing one. Instead, it is important to document your condition carefully, be open with your lawyer about its severity, and understand that its value could be affected – something an experienced personal injury attorney can help guide you through successfully.
If you or a loved one has been injured in an accident due to someone else’s carelessness or fault, Darfoor Law Firm is here to provide support and suggest the best course of action.
Accidents can be difficult to deal with; that is why having someone who understands and empathizes is so important.
Call us at +1-833-DARFOOR for a complimentary consultation and case evaluation.
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