The Role of Pre-Existing Conditions in Personal Injury Cases: Understanding Their Impact on Your Claim
March 6, 2023
When it comes to personal injury cases, pre-existing conditions can play a significant role in determining the outcome of a claim. In this blog post, we'll explore the role of pre-existing conditions in personal injury cases, including how they can impact the value of a claim and what steps you can take to protect your rights if you have a pre-existing condition.
First, let's define what we mean by a pre-existing condition. A pre-existing condition is any health issue or medical condition that existed before the injury occurred. This could include things like arthritis, diabetes, heart disease, or any other chronic condition that a person may have been dealing with prior to their accident.
So, how do pre-existing conditions impact personal injury claims? In many cases, insurance companies will use pre-existing conditions as a way to limit the amount of compensation they pay out for a claim. They may argue that the injury was caused by the pre-existing condition rather than the accident itself, or they may argue that the injury would have been less severe if the person didn't have the pre-existing condition.
For example, let's say that a person with arthritis is involved in a car accident and suffers a back injury. The insurance company may argue that the back injury was caused by the arthritis rather than the accident, and therefore the person should receive less compensation than if they didn't have the pre-existing condition.
This can be frustrating for injured individuals, as it can feel like they're being penalized for a condition that they didn't choose to have. However, it's important to remember that pre-existing conditions are a relevant factor in personal injury cases, and it's important to take steps to protect your rights if you have a pre-existing condition.
One of the most important steps you can take is to be honest and upfront about your pre-existing condition with your medical providers and your personal injury attorney. It's important to provide as much information as possible about your pre-existing condition so that your attorney can build a strong case that takes into account the impact of the pre-existing condition on your injury.
Your attorney may also need to work with medical experts to demonstrate how the pre-existing condition impacted the injury and how it would have been different if the person didn't have the pre-existing condition. This can be a complex process, but it's essential for ensuring that you receive fair compensation for your injuries.
It's also important to remember that having a pre-existing condition does not automatically disqualify you from receiving compensation for your injuries. While it may impact the value of your claim, you may still be able to recover damages for medical expenses, lost wages, pain and suffering, and other damages related to your injury.
Ultimately, the role of pre-existing conditions in personal injury cases will depend on the specific circumstances of the case. It's important to work with an experienced personal injury attorney who can help you navigate the legal process and build a strong case that takes into account all relevant factors, including pre-existing conditions.
Pre-existing conditions can play a significant role in personal injury cases, and it's important to take steps to protect your rights if you have a pre-existing condition. Be honest and upfront about your condition with your medical providers and your personal injury attorney, and work with an experienced attorney who can help you build a strong case that takes into account all relevant factors. With the right legal representation, you can pursue fair compensation for your injuries and move forward with your life.