A pre-existing condition is any health issue or medical problem a personal injury victim had before a new claim. Typical instances of pre-existing issues include arthritis, severe back pain, or past harm from other mishaps.
Your claim may have to establish if the accident worsens your condition or if the pain you experience emanates from the pre-existing condition. A well-trained personal injury lawyer can review and assess your case to enlighten you on the best way forward.
Pre-Existing Conditions That Mishaps Can Aggravate
The typical pre-existing conditions that accidents can compound include degenerative disc disease, severe back injuries, and arthritis. New harm can aggravate current injuries and induce complications, pain, and reduced mobility.
Every case varies. Your health condition before the new harm will determine compensation.
Recovering Compensation for a Pre-existing Condition
Some wonder if they can recover compensation for their pre-existing injuries. The answer is in the affirmative. Your pre-existing conditions do not hinder you from receiving compensation for your personal injury claims.
You will demand compensation based on the “eggshell plaintiff” doctrine. The basis of this doctrine is that you “accept the injury victim as you find them.” In other words, you cannot wade off their vulnerabilities and pre-existing conditions.
You deserve compensation for additional injury if new harm aggravates your ill health. However, it is always challenging to distinguish between the symptoms of the new injury and those from the pre-existing conditions. That is where you need the help and guidance of professionals.
How a Pre-Existing Condition Affects Compensation Sum
Pre-existing conditions can affect compensation in a personal injury claim. The extent of damage the new injury has caused will determine your compensation sum.
“You can recover a significant amount if you sustain a new injury which worsens a pre-existing one. However, minimal impact on the old injury will likely result in minimal compensation,” says personal injury attorney Leonard Stone of Shook & Stone Personal Injury & Disability.
Insurers often attempt to differentiate between the damages the new harm causes and the scope of the old injuries.
Proving an Accident Aggravates Your Condition
You need potent evidence to establish that a new injury worsens your pre-existing condition. Specifically, you need expert testimony highlighting changes to your condition, medical records, and medical bills to prove your claim.
Your medical history from before and after the new harm will portray the changes in your condition. Medical professionals and experts can explain how the new condition affects pre-existing conditions. Similarly, you can document the influence on your daily living, symptoms, and treatments to prove aggravation.
Typical Tactics Insurers Employ to Deny Claims
Insurance firms often scrutinize a victim’s medical history to establish a pre-existing condition. They will stand on the premise of the pre-existing condition to argue that your harm is not due to the mishap.
They can even downplay the influence of the accident on the pre-existing injury. They will argue that the mishap has an inconsequential impact on your condition. However, a reputable personal injury attorney understands all the tactics of insurance adjusters and can match up with their antics.
Steps to Take if an Insurance Firm Denies Your Claim Due to a Pre-Existing Condition
Insurers deny people’s claims due to pre-existing conditions. Engage an attorney if you find yourself in this dilemma. Your lawyer can sue the unyielding insurance company.
Furthermore, collating and storing the proof depicting how the mishap worsens your situation is vital. Collect your medical records, costs, and expert testimonies to support your argument. They will come around when you confront the hesitant insurer with potent evidence.
How to Maximize Your Compensation for Aggravated Harm
Document the impact of the new harm on your health and daily living to maximize compensation for an aggravated pre-existing health condition. It entails deploying experts to share expert testimony, journaling your feelings and challenges after the accident, and keeping comprehensive medical records.
A reputable personal injury attorney will enlighten you on how to do this. If negotiation fails with the insurance firm, they will prepare your case for trial.
Why You Should Engage a Personal Injury Lawyer
Well-trained lawyers understand complex legal and medical matters; they will use their knowledge to prosecute the case beyond a layperson’s comprehension.
They will help you collate and present your proof convincingly. They will deploy various tricks to counter insurers’ tactics.
Furthermore, they are expert negotiators and can help you get the maximum amount. The insurance adjuster cannot toss them about aimlessly. If the insurer insists on an unfair amount, they will be willing to proceed to court.
Your lawyer will work diligently to increase your chances of getting fair compensation. Do not allow insurers to take undue advantage of your pre-existing medical condition to offer you a miserable amount.
Media Information:
Shook & Stone
710 S 4th St Las Vegas, NV 89101
(702) 978-7408
