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How Do Pre-Existing Injuries Affect Car Accident Claims?

Published on May 23, 2019 at 10:36 am in Car Accidents.

A car accident has the potential to cause many serious injuries. In these cases, the person who was injured will file a claim and the insurance will pay for their losses like medical bills. However, this matter can get complicated if the person had pre-existing conditions. Insurance companies may scrutinize the claim because of the person’s medical condition before the accident, but the person was still injured because of another negligent person, and they deserve to hold them accountable for what they’ve done. A reliable car accident lawyer from DiPiero Simmons McGinley & Bastress, PLLC will make sure that your rights are represented.

We understand how a car accident can throw your life off track. When an insurance company is fighting back and trying to give you a settlement that will not help you, it can be scary because you’re unsure about your financial future. We’ve handled many car collision cases and know how to get favorable results for our clients.

You shouldn’t be penalized for having a pre-existing condition and you won’t be because we’ll be at your side. You may be curious how pre-existing conditions are affected in a car accident and how they’re handled in the claims process.

Pre-Existing Conditions Can Worsen in a Car Accident

While you may have had a condition or injury before the accident, they can get re-injured or get worse after. Those who are suffering from traumatic brain injuries are in a delicate state. If their head is subject to another impact or intense jostling, further injuries can develop. Sometimes, people can suffer from Second Impact Syndrome, which is when someone with a concussion gets another concussion, before the first one has healed. Brain swelling and severe damage can occur and even risks the person’s life.

If the person had issues with their spine or back, an accident could make things worse by forcing things out of alignment. The person may have considerably more painful injuries because of the accident. Another common injury that can get hurt again is a broken bone. If the bone isn’t healed yet, it could re-break or upset the healing process.

When you’ve been reinjured or an accident has aggravated conditions that you had previous to the accident, you’re probably wondering how compensation works. Luckily, our attorneys are here for you.

Can You Get Fair Compensation?

Compensation for your injuries can be a complex matter. You cannot get compensation for injuries you already had. However, if the accident made them worse, then you can seek compensation for those damages. This is because had the person not acted negligently, your pre-existing condition would not have changed for the worse as it did in the accident.

This is why you need a lawyer at your side. Insurance companies will want to make sure that you’re not overexaggerating what happened to you so you can get a settlement that’s more than what you need. However, this is likely not the case with what people are asking for. You need a lawyer who will advocate for you and insist that you deserve fair compensation for your injuries.

You’ll have to disclose pre-existing conditions beforehand. You should provide your attorney with all the information possible so they can correctly plan your case. If you don’t give this information and it’s discovered later, you could lose credibility and put your claim in jeopardy. Your medical records will likely play a big part in your claim. It doesn’t matter if they are from years before—they could show crucial information when comparing your condition before the accident and after.

Seek Help from Experienced Personal Injury Attorneys

Unfortunately, insurance companies will likely say that most of your issues are from the pre-existing condition, but not that the current accident exacerbated it. This way, they get away with paying you less than you deserve.

You do not have to deal with this on your own. DiPiero Simmons McGinley & Bastress, PLLC is here for you. If you’ve been injured and you have a pre-existing condition, get in touch with one of our lawyers now. We’ll be able to instruct you on how to proceed with your case. Many people may try to deal with it on their own, sign something they shouldn’t have signed, and end up with a less than favorable settlement. We’ll make sure to do everything possible so you get a fair settlement that will help you afford what the accident has cost you.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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