According to a study by the Centers for Disease Control (CDC), more than three-quarters of American adults had at least one long-term health problem in 2023. If you have been injured in a car accident and already have a health problem, it’s expected to be curious if you can still get compensated.
Being aware of how pre-existing conditions affect car accident claims is important because this is something that a lot of injury victims have to deal with. Insurance companies often use pre-existing conditions as a reason to pay you less or deny your claim. But the law’s on your side. If the accident made your condition worse, you still have the right to seek damages. That’s where a lawyer comes in. They’ll gather your medical records, bring in experts, and show exactly how the accident changed your health.
Here’s what you need to know to keep things simple and protect yourself during this process
Understanding Pre-Existing Injuries and Their Impact on Personal Injury Claims
You can always seek compensation for your injuries through a personal injury lawsuit, says a Cleveland drunk driving accident lawyer. But sometimes, past injuries may affect your case. The insurers and law firms will likely go through your complete medical history cautiously to assess how the old injuries are intertwined with your existing problems.
If they learn about a health problem you had in the past, they will probably say it’s part of the reason you are in pain or can’t do certain things now. You might not get as much compensation for your claim if you do that. Knowing the interactions among these factors can make you more prepared and at the same time strengthen your case.
Proving the Connection Between Your Accident and Pre-Existing Conditions
It’s important to convince the court beyond any doubt of the link connecting your accident and pre-existing conditions. In such cases, you have to show them how the incident aggravated your prior injuries.
- Compile your medical history. Include your diagnoses, treatments, and symptoms before and after the accident.
- Have medical professionals who can testify as experts in linking your current condition to the accident.
- Personal testimonies should not be regarded as having less power; statements from friends or family regarding the changes in your health condition can be of great worth.
- A photos or records that show the accident scene could be helpful in proving the severity of your situation.
Types of Evidence to Support Your Claim
it is essential for you to have high-quality proof of your assertion regarding the earlier injuries.
- The very first step is to retrieve all the medical documents associated with the previous condition, and the documents should consist of diagnoses, treatments, and any restrictions.
- Obtain statements from your physicians, explaining how the accident affected the existing condition.
- Don’t overlook the bystander reports. They can provide the court with valuable insights into how the event affected you.
- The same is true for pictures of the injuries and scenes of the accident. In this case, they can be considered strong evidence.
- Personal diary where you write down your pain levels and daily difficulties can be used to show the real impact on your life.
When these different types of evidence are put together, they form a very strong narrative that not only supports your claim but also makes your suffering more real.
Legal Considerations for Pre-Existing Injuries in Personal Injury Cases
The courts usually go by the “take your victim as you find him” principle, which means even though you had an earlier injury, you would still be able to recover damages. You would need to show that the new incident made your existing condition worse.
The reason is that it might be that the insurers would argue that it is your pre-existing injury that is the main cause of your current problems. It is vital to have thorough medical records and expert opinion as your evidence in this situation.
Strategies to Strengthen Your Case for Compensation
To present a convincing case for compensation, it is necessary to provide obvious and strong evidence that your pre-existing injury was caused by the incident you are now claiming for. Aside from medical records, medical experts’ opinions, and a detailed diary of your suffering, you need help from a legal expert attorney who can be very familiar with the aspects of pre-existing injury claims.
The support of such a lawyer can be decisive in the process of building your case and still make you feel accompanied through this difficult journey.
