If a person has a pre-existing condition and he/she sustains injuries in an automobile (or slip and fall) accident, it can make his/her personal injury claim more complicated. Pre-existing conditions may impact the eligibility of an accident victim for recompense as well as the amount to be awarded to them. Therefore, it is important to understand the effect of pre-existing conditions on a personal injury claim as this may allow accident victims to make a well-informed decision and safeguard their legal rights.
In the majority of personal injury cases, when a victim begins the nerve-racking process of pursuing compensation, the very first thing that insurance companies involved in the case do is to determine their health status. This allows them to take a closer look at the pre-existing conditions of the victim. Insurers often try to use pre-existing conditions as a piece of evidence to lower or deny the victim’s claim.
The insurance company usually argues that the injuries sustained by a victim in an accident were actually caused by their pre-existing condition, instead of the accident itself. Sometimes, they also argue that it’s the victim’s pre-existing condition that exacerbated their injuries in an accident. To obtain fair compensation for their losses, it is crucial for the claimant to prove that their injury was a direct result of the accident and it is not related to their pre-existing condition.
Pre-Existing Conditions that May Complicate a Personal Injury Claim
Pre-existing conditions may aggravate personal injuries sustained in an accident. This can make it tough to prove the magnitude of losses. Such pre-existing conditions may include the following:
● Bone or Joint Issues:
If a sufferer has a medical history of bone fracture or joint pain, it can be tough to prove that any new injury sustained in the accident was not because of their pre-existing condition.
● Neck or Back Problems:
It may be tough for a victim with a medical history of neck or back issue to prove that an accident resulted in a new injury.
Headaches like cluster headaches, tension headaches, or migraines may complicate a personal injury claim considerably if the victim was suffering from headache before the accident that led to his/her injuries.
● Heart Problems:
For a plaintiff with a history of cardiovascular issues, it might be tough to prove that a new injury was caused by the accident and not because of his/her pre-existing condition.
● Mental Health Issues:
Mental health problems, including depression, anxiety, or PTSD, may affect an injury claim if the condition has been known to exist prior to the injury in an accident.
These are just to name a few of the numerous pre-existing conditions that may complicate an injury claim. Remember that every situation is unique, hence it is crucial to discuss your specific case with an experienced personal injury attorney in Clermont, Florida to figure out the right course of legal action to pursue the claim.
How Pre-Existing Conditions Impact a Personal Injury Claim
Personal injury claims are inherently complicated and become more complex with the involvement of a pre-existing condition. Reason being, the defendant in the case might argue that the injury sustained by the complainant in an accident were because of their pre-existing condition, and not due the defendant’s wrongdoing or negligent behavior.
With respect to the complainant’s pre-existing conditions, the defendant may argue that either the current injury was because of the victim’s pre-existing condition or the pre-existing condition aggravated the injury sustained in the accident. In both cases, the sufferer will have a hard time proving that their injury was solely caused by the wrongdoing or negligence of the defendant.
In the majority of cases, defendants and insurers use pre-existing conditions as a tool for defending against injury claims. The defending party will try to prove that the sufferer had a pre-existing condition prior to the incident; so any disability or pain arising after the incident is because of their pre-existing condition – and not because of the wrongdoing or negligence of the defendant.
In a few cases, the insurer and defending party may refuse to pay if they could be able to prove that the plaintiff’s pre-existing condition had contributed to their injuries. Therefore, it is crucial to understand how pre-existing conditions may affect your personal injury claim before you file one.
However, a pre-existing condition does not always mean that a claimant will not get recompense for their losses. Even victims with pre-existing conditions may qualify for recompense if they could be able to prove that the wrongdoing or negligence of the defendant led to their recent injury.
Hence, it is crucial to seek professional advice if you, as a claimant, believe that you might have a legit personal injury claim. A knowledgeable personal injury attorney in Clermont, Florida will be able to represent your claim in a professional manner and address any issues specific to your pre-existing condition.
How to Address a Pre-Existing Condition in Personal Injury Claims
Seeking professional legal assistance is the very first step a personal injury sufferer with a pre-existing condition should take prior to filing a claim. An experienced personal injury attorney will aid a claimant in navigating the complexities of their case while ensuring they get fairly recompensed. A claimant with a pre-existing condition can take the following steps if he/she has sustained injuries in an accident:
● Record Everything:
A personal injury victim must keep a record of all the key information pertaining to their present injury as well as their pre-existing condition. These documents include medical bills, doctor’s prescriptions and reports, and so on.
● Hire a Skilled Personal Injury Attorney in Florida:
A personal injury claimant with a pre-existing condition must consult with an injury lawyer who has experience representing cases involving victims with pre-existing conditions. Such an attorney has the knowledge and uses proven strategies to pursue the claim.
● Take Detailed Notes:
An important thing to understand in such cases is how a pre-existing condition can affect the injury as well as recovery of a victim. A sufferer must keep a well-maintained record of all treatments and doctor’s visits, changes in their symptoms over time (if any), and their communication with the insurance company adjuster.
● Be Truthful about Your Pre-Existing Condition:
Insurers often try to lower or deny claims for claimants with a pre-existing condition. If a claimant is honest about their pre-existing condition, it may help their lawyers in strengthening their claim.
By following the steps above, personal injury claimants can up their odds of receiving the recompense they deserve, even with a pre-existing condition. A skilled personal injury lawyer in Clermont, Florida can help sufferers navigate this entire process, and ensure that the insurers involved in their case treat them in a fair manner.
Contact MANGAL, PLLC – Clermont Personal Injury Law Firm
In personal injury claims involving a victim with a pre-existing condition, the expertise of an experienced injury lawyer can be the difference between an underpaid/denied claim and a fairly compensated claim. Pre-existing conditions can complicate an injury claim considerably, ultimately making it tougher for sufferers to obtain the right compensation.
The personal injury lawyers at MANGAL, PLLC are fully aware of the complexities that may arise in a personal injury case involving a pre-existing condition – and they have a demonstrated track record of bringing success to clients in such types of cases.
Our personal injury attorneys will work with injury victims to build a solid case to help get fair compensation to cover their losses. They will review the case as well as research legal precedents and relevant laws to offer strategic recommendations to ensure the most favorable outcome for their claim. Our lawyers also have experience dealing with insurers and know how to professionally represent the claim to maximize the possibility of success.
If you or your loved one has been injured in an accident and they have pre-existing conditions, contact MANGAL, PLLC – Clermont Personal Injury Law Firm today to discuss your legal options. Our team of dedicated personal injury attorneys are readily available to safeguard your rights and fight for the recompense you deserve.