Managing pre-existing conditions is crucial in any personal injury claim. Anyone who has been injured in an accident and has a pre-existing condition wonders how it could impact their claim to seek compensation and some even wonder if that condition eliminates their ability to make a claim at all. We will shed some much needed light on this subject and hopefully you’ll feel better as a result.
A pre-existing condition refers to any health issue or injury that you had before the accident occurred. This could range from something chronic like arthritis or diabetes to previous injuries such as a broken bone or whiplash from a prior accident. It’s extremely important to disclose these conditions to your lawyer and medical professionals to ensure an accurate assessment of your case.
The presence of a pre-existing condition doesn’t disqualify you from seeking compensation for a new injury. However, a pre-existing condition may complicate matters and may require a more thorough investigation to determine the extent to which the accident aggravated or worsened your condition. Insurance companies often search for and use pre-existing conditions as a way to reduce or deny compensation. They may argue that your current symptoms are solely due to your pre-existing condition and not the accident. This is where complete communication with your advocates becomes crucial.
In a personal injury case where comparative negligence comes into play, meaning you were partially at fault for the accident or the crash exacerbated a pre-existing condition, compensation may be reduced proportionally. For example, if you were 25% at fault and your total damages amount to $20,000, you may receive $15,000 after the deduction. This is another instance where the experience of your attorney matters.
We work with you to establish a clear link between the accident and your injuries. This involves gathering medical records, consulting experts, and documenting the progression of your condition before and after the accident. The overall goal is to demonstrate the most recent crash significantly contributed to your current pain, suffering, and financial losses.
Some tips for navigating your claim that includes pre-existing conditions are:
- Provide complete and accurate information about your pre-existing condition to your attorney and medical providers.
- Attend all recommended appointments, follow treatment plans, and keep thorough records of your medical expenses and symptoms.
- Keep a personal and detailed journal of how the accident has impacted your daily life, including any changes in pain levels, mobility, or mental well-being.
We represent people who are injured because of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when insurance companies fail to offer full compensation. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com
