Do Pre-Existing Conditions Impact Personal Injury Claims?
Muscle, tendon, soft tissue, orthopedic, head, neck, back, and internal injuries are all common occurrences after a vehicle collision, slip and fall, or other premises liability incident that is caused by a negligent person, party, or entity. These injuries can require specialized medical care, extended time away from work, and additional expenses you should not have to pay out of pocket.
If you have a pre-existing condition, you may worry that your medical history will harm the financial recovery you may be eligible to pursue during a personal injury claim. The reality is, you have a right to worry. Mostly because the at-fault party’s insurance company is going to do all it can to minimize your damages or outright deny your claim, which may mean looking into your pre-existing condition, and blaming it for the extent of the harm you suffered in the incident in question.
Our personal injury lawyers can help you pursue the damages you are entitled to from the at-fault party’s insurance company, even if you do have a pre-existing condition.
What is Considered a Pre-Existing Condition?
The Department of Health and Human Services defines a pre-existing condition as any injury or illness — physical or mental — that you may have experienced before your insurance claim.
This broad definition is applied by insurance companies in ways that minimize their risks and help preserve their bottom line.
For instance, if you are currently suffering from migraines, are being treated for the condition, and suffered a head injury during a car accident, the insurance company may point to your existing diagnosis to minimize how the crash has impacted your physical and emotional well-being.
Seek Medical Care Immediately After You Are Injured to Mitigate The Insurance Company’s Claims
The insurance company will want medical proof that your condition or injury was aggravated by the accident.
You can help provide the proof you need to support that the accident was the cause of your injuries — even if you have a pre-existing condition — by seeing a doctor right away after the injury occurs.
Your physicians can verify any intensified severity of your pre-existing injury and can document and treat any new injuries properly, the quicker you seek care. They can also act as witnesses for your claim through their examination, x-rays, scans, and other medical procedures that help prove the accident led to the injuries you are suffering now.
It is vital that these medical facts are documented to help support your claim.
It is also important to partner with a skilled Florida personal injury lawyer so that any requests made by the insurance company are reviewed by your attorneys. Never sign anything the insurance company sends you. Insurance companies will often request access to your medical records under the guise of valuing your injury claim. Typically, what they are looking for is a way to get out of paying you, which will start with pinpointing your pre-existing condition as the root of your injuries. We can help minimize this risk, so you can pursue financial compensation for the complete injuries caused by the current circumstances.
The Negligent Party is Still Liable for Your Personal Injury Claim
Personal injury laws are in place that state a person may have pre-existing conditions that make them more vulnerable to injury, it does not remove the liability from a defendant in any type of court case — including a personal injury claim.
If a claimant can prove their injuries were exacerbated or caused by another party, the at-fault party must still be held liable.
Although these laws are in place, it is important that you disclose your pre-existing condition to any doctors you visit and when filing your claim, so we have all the facts upfront.
We encourage our clients to seek justice after an accident despite their pre-existing conditions.
Contact our skilled personal injury attorneys at MLG Injury to schedule a free consultation today by calling 888-904-2524 to learn more about your legal rights and options to navigate the legal and insurance issues that arise so you can concentrate on healing and moving forward with your life.