Navigating a personal injury claim can be difficult on its own, but when a pre-existing condition is involved, it can seem like an even greater challenge. Pre-existing conditions can affect the outcome of a personal injury claim, which is why it is important to understand the role they play in the legal process. Keep reading to understand the impact of a pre-existing condition on a personal injury claim and better prepare yourself for the journey ahead.
What Is a Pre-Existing Condition?
When it comes to personal injury claims, a pre-existing condition can be a hurdle for you to overcome. Pre-existing conditions refers to a health condition (anxiety, depression, etc.) that a person already had before the accident that caused their most recent injury.
It’s important to note, however, that having a pre-existing condition does not automatically disqualify someone from making a claim. You are not eligible for compensation for your injuries or conditions prior to the accident. However, if your pre-existing condition was worsened by the accident, you may be eligible for compensation for it. An experienced personal injury attorney can help navigate this complex issue and fight for the compensation you deserve.
How Pre-Existing Conditions Affect Personal Injury Claims
When you file a personal injury claim, the insurance company may try to discredit your case by pointing to an underlying health condition as the source of your injury, rather than the accident. This tactic can significantly reduce or even eliminate the compensation you deserve.
According to personal injury law, if the injury existed prior to the accident and was not impacted by it, the at-fault party is not liable for it. To prove your injuries are not already a pre-existing condition, or that your pre-existing condition worsened, a skilled physician may have to testify to determine the status of your condition before and after your accident.
Tips For Filing a Personal Injury Claim with a Pre-Existing Condition
Filing a personal injury claim can be a complex and stressful process, especially if you have a pre-existing condition that may complicate your claim. It is important to remember that working closely with your attorney can help ensure that your claim is handled properly and that you receive the compensation you deserve.
1. Seek Medical Treatment Immediately After Injury
Timely medical attention is crucial when it comes to proving your injuries were caused by an accident. It’s important to keep records of all doctor’s appointments, test results, physician notes, prescription medications, and anything that can help support your case. By taking the time to document your care, you are creating a solid foundation for your argument.
2. Inform Your Lawyer of Pre-Existing Condition(s)
It is important for your personal injury lawyer to be aware of your health condition, as it can greatly affect your case. By keeping your attorney up to date with any changes in your medical condition, they can be better equipped to anticipate the actions of the defendant and their insurance company, allowing them to take the appropriate measures to protect your claim.
3. Do Not Hide Your Pre-Existing Condition
If you’ve been in a car accident and have a pre-existing medical condition, it’s important to be transparent about it. Although it might be tempting to hide your medical history and include the condition in the list of injuries caused by the accident, this can be a harmful mistake.
Being honest about your pre-existing condition is essential when speaking to your car accident lawyer, the insurance company, and your post-accident physician. Failing to do so could result in your claim being denied.
Contact Our Personal Injury Lawyers
If you or someone you love has been the victim of an accident, you need the assistance of a knowledgeable personal injury attorney to help you seek compensation for your injuries. Our team of seasoned attorneys at Reed Leeper, P.C. have helped countless clients in the past decades. Our personal injury attorneys have the necessary experience and skills to fight for your rights to pursue that the compensation you deserve.
