Understanding pre-existing conditions is crucial in the world of personal injury claims. If you’ve been injured in an accident and have a pre-existing condition, you may wonder how it affects your ability to seek compensation. This blog aims to shed light on this complex topic and is suitable for anyone navigating the legal aftermath of an injury.
What Is a Pre-Existing Condition?
A pre-existing condition refers to any health issue or injury that you had before the accident occurred. This could range from chronic conditions like arthritis or diabetes to previous injuries such as a broken bone or whiplash from a prior accident. It’s important to disclose these conditions to your personal injury lawyer and medical professionals to ensure an accurate assessment of your case.
How Does a Pre-Existing Condition Impact Your Claim?
Having a pre-existing condition doesn’t automatically disqualify you from seeking compensation for a new injury. However, it can 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 use pre-existing conditions as a defense 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 having a skilled personal injury attorney on your side becomes crucial.
The Role of Comparative Negligence
In some personal injury cases, the concept of comparative negligence comes into play. This means that if you were partially at fault for the accident or for aggravating your pre-existing condition, your compensation may be reduced proportionally. For example, if you were 20% at fault and your total damages amount to $10,000, you may receive $8,000 after the deduction.
Proving Causation and Damages
To strengthen your claim, your attorney will work to establish a clear link between the accident and your injuries. This often involves gathering medical records, consulting experts, and documenting the progression of your condition before and after the accident. The goal is to demonstrate that the accident significantly contributed to your current pain, suffering, and financial losses.
How to Navigate a Personal Injury Claim with a Pre-Existing Condition
Some tips for navigating your claim are:
- Be Transparent: Provide complete and accurate information about your pre-existing condition to your attorney and medical providers.
- Follow Medical Advice: Attend all recommended appointments, follow treatment plans, and keep thorough records of your medical expenses and symptoms.
- Document Everything: Keep a detailed journal of how the accident has impacted your daily life, including any changes in pain levels, mobility, or mental well-being.
- Seek Legal Guidance: Consult with an experienced personal injury attorney who understands the nuances of handling cases involving pre-existing conditions.
Your Path to Fair Compensation
While pre-existing conditions can complicate personal injury claims, they do not necessarily bar you from seeking compensation. With the right legal representation and diligent documentation from our skilled personal injury attorneys at Grabb & Durando, you can still pursue a fair settlement for your injuries and losses. If you’re unsure about how your pre-existing condition may affect your case, don’t hesitate to reach out to us for guidance.