We live in a world where personal injuries are happening all the time. The reasons why they happen are different. However, it is important to get familiar with this part of the law. One of the things that you need to get familiar with is how pre-existing health conditions affect personal injury claims. This is one of the most confusing subjects associated with a personal injury claim. Fortunately for you, you came to the right place to find out that.
According to the law, a victim of an accident is entitled to fair compensation for unexpected injuries, even if he or she had prior injuries and other health conditions. No matter if you’re seeking compensation for damages associated with slip and fall, vehicle accidents or workplace injuries, the insurance legal team and adjusters will try to find out about your pre-existing injuries.
The insurance company’s legal team might argue that the plaintiff’s previous chronic health condition or injury wasn’t caused by the defendant. And that’s true. However, you don’t have to bury your head in the sand. You have a right to compensation for the damages associated with the new event. Whether these damages are an aggravation of the previous condition or new ones, you should be compensated. This is a tough battle, a reason you need a fearless attorney to fight for your rights.
On the other hand, social disability claims can get denied too. If this happens, you should not just walk away. It would be helpful if you chose a lawyer who knows the conditions that qualify for ltd. He or she can help you file an accurate application. If your claim is rejected, the attorney can help handle the claim appeal process.
Two Conditions that Matter in Accident Claims
Well, every victim of an accident should know that there are two kinds of pre-existing conditions. The first one is a chronic condition and the second one is previous injuries. We should use the example to describe the second one a bit better. Let’s imagine that a victim of an accident already had a broken femur. Logically, you will go to a hospital for different check-ups, right? Well, what happens if you experience a car accident on your road to the doctor? What if you broke your leg once again?
This is the toughest part of the entire process. Indeed, your leg was broken even before the accident. However, does this mean that the opposite side does not need to pay you anything? The answer to this question truly is complex. Because of that, it would be good to find an expert that will give you the right answer. In short terms, you need to prove that the condition of your broken femur is even worse after the accident. You probably understand now why this is a tough challenge for every lawyer and victim as well.
When we talk about chronic conditions, things are a bit different. Let’s use a chronic back pain that people usually have because of a herniated disk. You were driving the car and suddenly you got involved in a car accident. It was not your fault, but you received a whiplash injury. Logically, your back will still hurt you. However, the question is – what is the cause of that pain? Is it because of your problem with a herniated disk or because of whiplash? These are some tough details that an expert needs to check.
Okay, now when we explained everything, let’s see together what exactly you need to do. You don’t have to be a law expert to realize that this type of situation is complex.
Establish Liability for a Personal Injury Claim
Unless you intend to seek compensation under your policy’s no-fault vehicle insurance, no insurer will accept your personal injury claim without convincing pieces of evidence that their insured was to blame for the event that caused the damages. Therefore, you (the plaintiff) and your lawyer are charged with the most challenging task ever – proving beyond any reasonable doubt that the defendant was, indeed, negligent.
The 4-phase process of proving negligence is challenging. The plaintiff must prove the duty of care (the defendant had a duty of care not to cause harm to others). You must also prove that this duty of care was breached (the defendant did something wrong, or failed to act reasonably just as any other reasonable individual would have in the same situation).
The third element is the cause. You should prove that as a result of the at-fault party’s breach of duty, you suffered injuries. Lastly, you must confirm that you suffered damages – support these arguments with your medical records.
Remember, recorded statements could be used against your case. Insurance adjusters are experts in looking for reasons to discredit a personal injury claim or reduce the overall amount of compensation a victim of personal injury is seeking.
Before any request for medical records is made, an adjuster might ask you to record a statement. Saying one wrong thing can sink your personal injury claim. The experts know many ways of getting you to make ‘admissions against interest’ regarding a pre-existing injury or health condition.
Seek Legal Help
Fighting against insurance companies in your quest to get fair compensation is always exhausting and requires an in-depth understanding of the relevant laws, experience in settlement negotiations, and accurate claim valuation.
A pre-existing injury or health condition could make everything more challenging that you previously expected. This is the reason you should seek the help of an experienced personal injury lawyer. He or she knows how to build a strong case and ensure you get compensated.
Okay, let’s make some sort of conclusion before we say “goodbye” to each other. Personal injuries and accidents are unskippable parts of everyday life. They can happen at every moment. We do not want to say that you should be afraid of driving. However, it would be good that you always be fully concentrated when using your vehicle.
Anyway, the main priority should be to react on time and in the right way. You should truly find an expert that has experience in this field. Lawyers from some other fields might know how to help you in some “basic” cases. However, this scenario requires extra effort to prove some things. Do not hesitate to start the entire process in that way. That is the only way to get justice.