Before and After: What Happens if I’m Injured with a Pre-Existing Condition?
Incurring an injury from a car accident is a complex matter to deal with, even on its own, when recovering from the collision. According to personal injury law firm, Chaffin Luhana, many records need to be gathered for accidents even in the simplest of circumstances. However, if any party is injured to any extent, the number of required documents and necessary expert testimonials grows.
Filing for compensation of your medical expenses, or even for pain and suffering alone, requires extensive documentation of your condition before, during, and after the accident. Legally, this is to ensure that any injuries that occurred around the time of, or after, the collision can be directly attributed to it and that plaintiffs are not requesting compensation for unrelated events and conditions.
This could become slightly more complicated if the injured victim had a pre-existing medical condition at the time of the crash. In such circumstances, they will be expected to provide even greater detail in the documentation provided to insurance providers and the attorney to create the utmost clarity during the filing process. If you have been injured in a car accident and you have (or had) a pre-existing condition, read on to learn how to navigate the following legal processes and what will be expected of you.
Can I Be Compensated for a Pre-Existing Condition?
You cannot legally seek compensation for a pre-existing condition due to a car accident. What you can do, however, is request coverage for medical expenses and pain and suffering effects related to aggravation of your pre-existing condition. For example, if you had arthritis that caused problems with your hips prior to the accident, but are experiencing more frequent pains and greater difficulty in walking following the crash, you are entitled to compensation to cover any medical expenses related to healing your pain.
Part of the difficulty that comes with filing a claim with a pre-existing condition is the way your insurer or legal team defines this term. Generally, a pre-existing condition is any health condition you lived with before the date of the accident. It does not have to be a chronic illness or disability to fall under this definition – it can be as simple as an injury that occurred before the incident that you were recovering from at the time.
Whether you believe your condition will meet the criteria of this definition or not, you will need to be honest about it while you file your claim. Any inconsistencies in your medical records and incident reports will make it more difficult for you to recover compensation as the other driver’s insurance company and legal assistance will try their best to reduce the amount they have to cover.
How to File a Personal Injury Claim with a Pre-Existing Condition
Note that, although you may still be awarded compensation for your injuries despite, or related to, a pre-existing condition, you may still face challenges in the amount granted. For instance, if yours or the other driver’s insurance company determines that a certain percentage of your injuries were pre-existing, they can reduce the amount granted to you based on that percentage.
Your strongest defense, in this case, is to hire the help of an expert personal injury attorney. They will advocate for you and ensure that all your medical documentation is as detailed as possible and thwart any attempt of the opposing party to reduce your compensation. With the proper legal help, you will be on your way to healing in no time with as little stress as possible.