If you have a pre-existing condition and subsequently sustain an injury from an accident, the legal process of filing for personal injury compensation can become more complex. Pre-existing conditions may play a role in your eligibility to receive compensation as well as the amount awarded – it is essential to be aware of how they factor into your rights when pursuing such claims. Understanding this information thoroughly will ensure that victims are making informed decisions and safeguarding their interests throughout each step of the process.
Insurance companies will often use a personal injury victims health status as an opportunity to explore pre-existing conditions. This tactic allows them to try and lessen the claim or even deny it completely. Therefore, it’s important that victims are aware of this potential issue in order to be prepared ahead of time.
The insurance company may argue that the injuries were not caused by the accident itself, but instead due to a pre-existing condition. In certain cases, they could also maintain that this pre-existing condition exacerbated the injury. To ensure justice is served and receive fair compensation for any resulting damages, it’s essential to possess proof indicating pain was directly tied to the collision and not something else prior.
Examples Of Pre-Existing Conditions That May Complicate A Claim
Previous medical issues can make it more complicated to establish the severity of injuries from a personal injury accident, thus complicating matters when proving damages. Pre-existing conditions can include, but are not limited to:
- Joint or bone issues: If a person has suffered from joint pain or fractured bones in the past, it can be hard to demonstrate that any new injury was due to the accident and not their pre-existing condition.
- Back or neck problems: When victims have a record of suffering from neck or back pain, it can be difficult to demonstrate that the collision was responsible for their new injury.
- Headaches: Headaches, including migraines, cluster headaches and tension-type headaches can be difficult to prove in a personal injury claim if the person had been experiencing these kinds of headaches before sustaining the particular injury.
- Heart issues: When a plaintiff has pre-existing cardiac issues, it can be difficult to establish that the recent injury was caused by the incident rather than their prior ailments.
- Mental health: Although it is not always the case, mental health conditions such as anxiety, depression, or PTSD that developed before an injury could potentially have an impact on a personal injury claim.
If you suffer from any of these pre-existing conditions, it could potentially create complications for the success of your personal injury claim. That’s why it is recommended to seek counsel from a skilled personal injury lawyer who can evaluate your case and recommend the best path forward. Every situation is unique, so make sure to explore every option available in order to make an informed decision about how to proceed with your claim.
The Effects Pre-Existing Conditions May Have On Personal Injury Claims
Filing a personal injury claim is complex when prior medical conditions are part of the equation. Defendants in such cases could bring up that the current damage was due to an existing health issue, not their fault or negligence. Such claims require further examination and comprehension to determine liability.
Understanding how pre-existing conditions can impact an injury claim is essential before starting a legal battle. Unfortunately, negligent parties or insurance companies may deny paying the compensation if they are able to demonstrate that their pre-existing condition played a role in causing the plaintiff’s injuries.
It is important for claimants to understand that having a pre-existing condition does not necessarily mean they cannot receive compensation for their injuries. As long as the plaintiff can present evidence of the defendant’s negligence or wrongdoing resulting in their injury, then they may still be eligible to receive appropriate damages despite any previous ailments.
To ensure that your personal injury claim is successful, it’s essential to seek legal counsel from a specialized attorney. An experienced lawyer will be able to guide you on the best direction of action and provide advice for tackling any pre-existing conditions related to the case.
What To Do If You Have Pre-Existing Conditions And Sustain A Personal Injury
If you’ve suffered from a personal injury and have preexisting conditions, the most vital step to take before filing a claim is to find qualified legal representation. An experienced personal injury lawyer will walk you through the intricacies of your case as well as ensure that you receive the compensation you deserve for what has occurred. If you have a pre-existing condition and sustain an injury, here are some steps to help ensure your claim is successful:
- Document everything – It is important for anyone who has sustained a personal injury to document and keep track of all proof related to the pre-existing condition and subsequent injury.
- Contact an experienced personal injury lawyer – Individuals who suffer from pre-existing medical conditions must search for a lawyer with specific experience in this area. These legal professionals understand the most successful strategies to pursue and will be able to give an accurate evaluation of your case.
- Keep detailed notes – It is essential to take into account how pre-existing conditions can affect a victim’s injury and recovery. To ensure the best possible outcome, all victims should diligently document every doctor appointment, any changes in their symptoms or treatments, as well as all conversations with insurance adjusters.
- Be honest about pre-existing conditions – Insurance providers may attempt to deny or lessen claims for individuals with pre-existing conditions. Nevertheless, victims being truthful about their condition(s) can assist in constructing a more powerful argument while working alongside an experienced personal injury attorney.
When filing a personal injury claim that involves pre-existing conditions, an experienced lawyer can be the key to success. Knowing how to navigate through the complex nature of these claims can be difficult, but with a skilled attorney on your side, you have the best chance of getting the compensation you deserve.
If you’ve sustained an injury and have a pre-existing condition, the experienced Port Charlotte Personal Injury Lawyers at FGB Law are ready to help. While filing a claim can be difficult due to your previous health problem, FGB Law is prepared for all kinds of situations. FGB Law Firm will guide you through the entire process while reviewing the facts to best advise on how to pursue compensation for your losses. Call 941-979-9010 or complete our online consultation form today to schedule your free consultation.