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The Impact of Pre-existing Conditions on Personal Injury Claims

After an accident, if the injured party has a pre-existing medical condition they cannot recover compensation for a pre-existing injury that wasn’t impacted by the accident. However, an accident victim can recover compensation for a pre-existing condition depending on how the accident affected the injury.

How Can a Pre-Existing Condition Affect a Personal Injury Case?

A pre-existing medical condition can affect a  personal injury claim, complicating the assessment of damages and liability.

Aggravation of a Pre-existing Condition

If your pre-existing condition is aggravated or worsened by an accident, you may still be entitled to compensation for the exacerbation of their condition. However, it can be challenging to distinguish between new injuries and pre-existing injuries.

Damages

An insurance company can argue that your injuries were not solely caused by the accident but were instead the result of pre-existing conditions. A claims adjuster may try to deny a claim or minimize payout claiming your  symptoms are related to your pre-existing condition, not new injuries sustained in the accident.

Proof of Causation

You must establish a link between the accident and your injuries to recover damages. Proving that the accident directly caused or aggravated a pre-existing condition may require evidence, such as expert testimony, diagnostic tests, and medical records.

Disclosing Medical History

During the legal process, you will be required to disclose pre-existing conditions. If you fail to do so it could hurt your credibility and negatively impact the outcome of your case.

Settlement Negotiations

The insurance company will use its knowledge of your pre-existing conditions as leverage during settlement negotiations, offering a low settlement amount. This can make the negotiation process more challenging for you and you may feel pressured to accept a low settlement offer in fear that your claim may be denied.

How Can a Personal Injury Lawyer Help?

If you hire a personal injury lawyer, they can consult with experts to obtain expert testimony regarding your new and pre-existing conditions, to prove that you suffered new injuries or your pre-existing condition worsened due to the accident. They can also gather evidence that will support your claim and prove the other party is liable for your injuries and other damages.

A personal injury lawyer has extensive experience negotiating with insurance companies, will know what your claim is worth, and will handle all interactions with the claims adjuster to prevent them from pressuring you into accepting a lower settlement than what you deserve. Hiring a personal injury lawyer can significantly increase your chances of recovering the settlement you’re owed, especially if you have a pre-existing condition. They will have the skills, experience, and resources needed to prove liability and your demand for compensation.

Contact Us Today

If you were injured in an accident that was caused by the negligence of another, contact Child & Jackson Personal Injury Lawyers today to schedule a free legal consultation. Our legal team has decades of experience fighting insurance companies for the compensation our clients deserve and can provide the dedicated and knowledgeable legal guidance and advice you need during this difficult time. Contact us today to schedule your free legal consultation.

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Author

Erik Child

Erik E. Child is a graduate of Brigham Young University and obtained his Juris Doctorate from the McGeorge School of Law in 1998. Working as a practicing trial attorney, Mr. Child has earned a reputation for having successfully tried many cases over the years, beginning in 1999. With extensive litigation experience, Mr. Child has practiced law in California, Utah, Washington, and Nevada, in both federal and state appellate courts. Happily married, Mr. Child is the father of nine children and enjoys spending time with his family, traveling, and scuba diving.

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