Personal Injury Claim with a Pre-Existing Condition
A pre-existing condition generally should not affect a claim you file after your car accident. However, if it does, your lawyer can inform you how a pre-existing condition may affect your car accident claim, if at all.
You may not receive compensation for a pre-existing condition. However, you may be compensated for:
- The worsening of your pre-existing condition due to your car accident
- New medical conditions caused by your car accident
- Other accident-related losses
If you are a car accident victim with a pre-existing condition, our firm can review your case and determine if we can help you.
Car Accident Pre-Existing Damage
If a pre-existing condition became worse because of your car accident, then you may deserve compensation for new types of harm. Our team can determine how your pre-existing conditions fit into your car accident claim.
We can start by documenting the nature of your pre-existing condition.
What is considered a pre-existing injury?
As many as half of Americans could have a pre-existing condition, per the Centers for Medicare & Medicaid Services (CMS). This means that lawyers may be familiar with determining preexisting conditions as part of a client’s case.
Documenting your condition will be necessary. Your lawyer can document your condition by:
- Obtaining records of the care
- Obtaining a doctor’s written diagnosis of your pre-existing condition
- Obtaining any images showing your condition’s state
By showing the state of your condition before your accident, your Car Accident Lawyer in Fort Lauderdale can show how your accident made the condition worse.
Medical Professionals can Assist your Lawyer
Our firm relies on experts when necessary. Medical professionals can be of great help with cases involving pre-existing conditions. An expert in the medical field could:
- Explain medical concepts to our legal team
- Provide expert testimony about how your accident made your condition worse
- Lend credibility to your case
An expert may note differences in your condition pre- and post-accident. These differences could prove that your accident made your pre-existing condition worse. Liable Parties may be responsible for losses caused by the worsening of your condition.
Pre-Existing Condition Coverage
Insurance companies or other attorneys may try to claim that your accident-related injuries were pre-existing. This may be an attempt to deny you compensation.
However, pre-existing injuries do not necessarily disqualify you from financial coverage. So long as you can prove that the accident caused harm, you may deserve financial awards.
Your Vulnerability to an Injury Cannot be Used Against You
The Legal Information Institute (LII) explains that your reaction to an accident cannot be held against you. This is known as the eggshell skull rule, and it can be particularly relevant to cases where pre-existing injuries are present.
For example, say you had broken your leg before your accident. If you were in an accident, your healing bone may have been more likely to break than a fully healed bone. Still, the liable party would be responsible for your losses if your bone was to rebreak because of the accident.
In other words, your pre-existing condition cannot be held against you. This applies to both insurance claims and lawsuits.
Losses That can Come From Pre-Existing Injury Accidents
You may deserve compensation for all losses that come from your car accident. This includes losses related to pre-existing conditions.
A worsening of your pre-existing condition may require:
- Additional medical care
- New or stronger medication
- Additional rehabilitation
- Forms of treatment that prevent you from working
Each of these may come with a direct financial cost. If you cannot work or have to cut back your hours, you could receive coverage for lost income. A pre-existing condition may also cause you pain and suffering. You may be entitled to compensation for this loss as well.
Our Team Helps To Sue For a Pre-Existing Injury
Car accident cases involving pre-existing conditions have unique nuances. Some concerns our team will address include:
- Disclosure of your pre-existing condition
- Documentation of your pre-existing condition
- Collection of evidence showing that your accident made your condition worse
- The hiring of medical experts
- Creation and filing of your case
- Negotiation of a settlement
The medical aspect of a pre-existing injury case may be especially complicated. Our team will involve medical experts in your case as necessary to ensure that the medical features of your case are accurate.
We Help You in Car Accident Settlement Pre-Existing Condition
Law Offices of Wolf & Pravato has decades of experience handling car accident cases. We know how pre-existing conditions can impact a case. Our firm treats clients like family and does not collect a fee unless we win your case.
Call Law Offices of Wolf & Pravato today at (954) 633-8270 for a free consultation about your case. We will manage your case from start to finish so that you can focus on recovering from your pre-existing condition and any new injuries you have suffered.
