There is a greater chance that those with pre-existing medical issues will exacerbate their conditions when they are involved in car accidents. This can highlight and increase the victim’s suffering and associated costs in such situations.
If you are involved in such a circumstance, you may file a car accident claim to compensate for damage expenses associated with how the crash aggravated your injuries. However, this can be challenging and complicated as insurance companies will leverage your existing injuries to reduce your settlement or dismiss your case.
In this article, you will understand your legal rights in such a case and what legal routes to take for obtaining just compensation.
What Are Pre-Existing Medical Conditions?
Any injuries or health conditions a person had before a specific incident, such as a car accident, are pre-existing medical conditions. This can include past injuries from accidents, sports, or medical procedures, as well as chronic illnesses like diabetes, heart disease, or arthritis.
In personal injury law, pre-existing medical conditions before an accident heavily impact the results and compensation of the damages. While they should not be considered when calculating the damages, they often influence the legal process, potentially reducing the settlement or dismissing the case completely.
What Happens If a Car Accident Worsens My Pre-Existing Medical Condition?
If a car accident worsens a pre-existing medical condition, you may have to deal with a number of challenges. Your current medical condition may cause you to feel more pain, discomfort, or problems.
Moreover, the worsening of the pre-existing condition may also call for extra medical care, rehabilitation, or even surgery, which would incur additional costs and might result in lost income if you are unable to work.
In such a case, you may file a car accident claim to receive compensation for the damage brought by the crash, such as medical bills, vehicle repair costs, and other associated expenses.
However, legally speaking, it might be challenging to demonstrate that an auto accident made a pre-existing condition worse since insurance companies may contend that your injuries were already there and were not brought on by the collision.
Can I Receive Compensation for My Pre-Existing Conditions?
People who already have medical issues may still be eligible for compensation for injuries they experience in a car accident, mainly if the accident makes their pre-existing condition worse or directly causes it.
Meanwhile, you can NOT receive compensation if your pre-existing condition is UNRELATED to the accident. For instance, you had a minor arm injury before the car accident. After getting involved in the crash, you incurred leg injuries only. In this instance, you may only claim compensation for the expenses related to your leg injuries.
However, if your injuries worsen in the car accident, you may receive a settlement depending on how much the crash exacerbated your condition. From the example above, if you had additional complications with your arm injury due to the collision, you may file a claim to recover a settlement for further health issues.
How Can Insurance Companies Avoid Paying Compensation for a Car Accident With a Pre-Existing Medical Condition?
Some of the criteria that may affect how much compensation is awarded are the severity of the pre-existing injury, how the accident affected it, and whether it was directly related to the incident.
From the example, how can you quantify how much the car accident worsened your injury? It may be difficult to separate the effects of the accident from the pre-existing condition in medical records, resulting in difficulty in determining damages. In such a case, obtaining thorough medical records outlining how the accident affected the pre-existing injury is essential.
Additionally, a pre-existing injury complicates the assessment of future medical demands and costs. You need to consider the projections of how much the accident would exacerbate the pre-existing condition, requiring the consultation of experts in medicine and long-term care planning.
Determining the exact amount of compensation can be complicated as insurance companies may attempt to reduce or refuse payment by claiming that the accident was not the cause of the injuries and that they already existed before the incident.
Sometimes, insurance providers can also request that you sign a medical blanket release, which allows them to review every part of your health history to reduce your payout. Note that providing them access to your medical history will be against your privacy.
Before signing a medical form, be sure you are providing them access to only the documents you want them to access, specifically those related to the injury caused by the car accident. You may also consult with a car accident lawyer who can verify the paperwork you will be signing and determine if it benefits your case.
They will meticulously review the form to safeguard your privacy, ensuring that only relevant medical information about the accident is disclosed. Additionally, the lawyer will negotiate with the insurance company to modify the terms of the release if necessary, aiming to protect your interests while still providing the essential information to support your claim. With personalized legal advice, they will guide you through the process, explaining the implications of signing the form and advising on the best course of action.
How Can I Protect Myself in a Car Accident That Worsens My Condition?
Remember that insurance companies will try their best to reduce your settlement or entirely dismiss your case. As such, they can use your pre-existing medical condition against you, arguing that your injury did not result from the crash or was already severe before the crash.
In such circumstances, an attorney for personal injuries can maximize your compensation by gathering relevant evidence to determine the total damages and negotiate with the insurance provider on your behalf.
Seek the help of an expert personal injury attorney who specializes in car accidents involving pre-existing medical issues. They can provide crucial legal advice, defend your rights, and guide you through the claims process.
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