The Impact of Pre-Existing Conditions on Personal Injury Claims
November 22, 2023If you get into an accident and you are suffering from an injury, health condition, or chronic disease, the accident may aggravate your pre-existing condition or injury. However, you may still be entitled to seek compensation for your accident-related damages, such as your medical expenses, lost income, physical therapy costs, and emotional distress, among others.
When filing a personal injury claim, the liable party’s insurer will scrutinize your medical history. In some cases, past medical conditions, illnesses, or injuries may impact how the claim will be handled. Put simply, any pre-existing condition or injury can complicate your claim because the insurer and their lawyers will attempt to reduce your settlement or deny your claim entirely based on your pre-existing condition.
You Must Disclose Your Pre-Existing Condition
You must disclose any pre-existing or past condition to your Ventura personal injury lawyer before talking to the insurer and filing your claim. Also, you must get an updated medical evaluation to help your lawyer, the insurer, and doctors determine new conditions and pre-existing injuries that the accident may have aggravated.
Full disclosure is crucial, especially when your new injury impacts a pre-existing one, because you could hurt your claim by not being honest with your lawyer and related parties. If you fail to disclose your pre-existing condition, you will reduce your chances of securing a favorable settlement. The insurance company and their lawyers will use your pre-existing condition to try and discredit the new injury you sustained in the accident.
What Exactly is a Pre-Existing Condition or Injury?
A pre-existing condition or injury is a health issue that you already had before getting into the accident that caused your new injury. For instance, you may be suffering from a chronic disease or pre-existing injury, have been newly diagnosed with a health condition, or are still healing from a recent condition. The most common pre-existing conditions include:
- Muscle strains and sprains
- Fractured bones
- Scoliosis
- Arthritis
- Nerve damage
- Hypertension
- Thyroid disease
- Past injuries or surgeries
- Spinal cord injuries
- Brain damage
- Chronic diseases, such as neuromuscular disorders, fibromyalgia, diabetes, and others that make healing more difficult
Regardless of the nature and severity of your pre-existing condition, it’s in your best interest to discuss your case with a California personal injury lawyer as soon as possible after the accident. They will thoroughly investigate the accident and your injury to link your new injury to any pre-existing or ongoing medical issues.
By having a clear understanding of the specific nature and extent of your injury, the proper treatments, and the time required for you to fully recover, your lawyer can calculate how much compensation you will need to cover all your losses. Once your lawyer has established the relationship between your new injury and the accident, it will be more difficult for the liable party’s insurer to reduce the severity of your injury, delay the payout, or deny your claim.
Consult With a Skilled California Personal Injury Lawyer Today
Don’t let a pre-existing condition or injury hinder you from seeking maximum compensation from a negligent party that harmed you. To arrange your free case review with the Ventura personal injury lawyer at Bamieh & De Smeth, call 805-643-5555 or reach us online.