Can My Pre-existing Condition Affect My Injury Case?

Most discussions about injury claims assume the victim was completely healthy before an accident. The reality is that people deal with various health conditions throughout their lives. Sometimes, an accident will aggravate pre-existing damage from other conditions or accidents.

Other times, the injury will lead to a combination of new plus old injuries. The pre-existing condition will cause an intense battle with the insurance company. To be on the safe side, a personal injury attorney near your Pennsylvania home is what you need to help you argue your case.

Some common pre-existing conditions

Generally, you are not entitled to compensation for previous injuries not related to a current accident. But, you should receive payment if the accident made the condition worse. In aggravation or exacerbation of pre-existing conditions, a victim will receive compensation for physical injuries and ailments.

They also get compensated for any mental health conditions like depression and anxiety. The injuries could stem from birth injuries or previous accidents that didn’t heal well. Some of the conditions include congenital disabilities, asthma, back pain, seizures, neck pain, and joint injuries.

How does a pre-existing condition affect your claim?

The pre-existing condition does not disqualify you from receiving compensation for your injury. But, it may impact your claim value. The pre-existing condition will be a contentious issue during trial and settlement negotiations. The defense will have to show how the condition relates to your current injuries. Your injury attorney will defend your medical history. They will prove that the current injuries were due to an accident and not because of your previous medical conditions.

claims being handed over

To be on the safe side, disclose prior medical conditions to your attorney.  If you fail to do this, the judge will question your credibility. They will also question the validity of your claim, especially if the current accident affects parts with the pre-existing condition. Have a medical expert carry out a thorough physical exam on you. The medical expert can then testify that the accident intensified the pre-existing condition.

Is it necessary to have an attorney when a claim involves a pre-existing condition?

Most personal injury claims can get complicated. However, the challenging ones are those with pre-existing conditions. The insurance company will claim that the current injuries are due to a pre-existing condition. They hope you give up on the case and save them money.

You need a lawyer to provide advice on the pre-existing condition and how it affects your claim. The lawyer will have the expertise needed to deal with the insurance companies. They will make the case that the pre-existing condition is worse due to the injury or accident. They can also argue that you are experiencing mental health problems because your condition became worse after the accident.

The fact that you have a prior injury does not deny you the right to explore a personal injury case. Contact a personal injury lawyer if you have doubts about your claims. They will examine the facts and provide you with options especially if your injury is due to negligence. Any injury that leads to loss of wages, inability to work,  pain, and suffering needs compensation.

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