When someone has been injured in an accident, they may be able to file a claim in order to recover compensation. This compensation is based on the principle of restoring the person to the state they were in before the accident by covering any costs and compensating the victim for pain and suffering. If the injured person has a pre-existing condition, this can affect the outcome of the claim and how much money is owed. Since these cases are complex, it’s important to work with an experienced attorney.
What Is A Pre-Existing Condition?
A pre-existing condition is an injury or illness that a person had before the accident occurred. This could be a physical injury, such as a broken leg, or a medical condition, such as diabetes or heart disease.
How Do These Conditions Affect Injury Claims?
In some cases, a person’s pre-existing condition can affect the amount of compensation they are able to receive. For example, if the injury was made worse by the pre-existing condition, the plaintiff may not be able to recover full compensation for their losses. This is because the defendant may argue that any additional damages were caused by the pre-existing condition, rather than the accident.
In other cases, a plaintiff’s pre-existing condition may be used as a defense against the claim. For example, if the plaintiff had a pre-existing condition that was made worse by the accident, the defendant may argue that the plaintiff’s injuries were not caused by the accident, but rather by the pre-existing condition. This could lead to the claim being denied or the amount of compensation being reduced.
How To Handle Pre-Existing Conditions During A Personal Injury Claim
It is important for an injured person to disclose any medical conditions or past injuries when filing a claim. Even if you don’t think they are related to the case, documenting these illnesses and injuries is essential. This allows your medical team to give you the best possible treatment and makes it easier to determine which symptoms are related to your accident.
It is also important for the plaintiff to provide clear and accurate medical records of their pre-existing condition. This will help the court determine whether or not the condition was made worse by the accident. If the plaintiff does not provide clear medical records, it may be difficult to prove that their condition was made worse by the accident.
Finally, it is important for the plaintiff to work with an experienced personal injury lawyer who understands how pre-existing conditions can affect injury claims. An experienced lawyer will know how to best present the claim in court and will be able to advise the plaintiff on their legal options.
Get Help With Your Personal Injury Claim
If you have been injured in an accident and have a pre-existing condition, it is important to understand how it could affect your injury claim. By knowing your rights and working with an experienced personal injury lawyer, like those at Grabb & Durando, you can ensure that you are able to get the compensation you deserve.