A car accident can be a traumatic event on its own, but for individuals with pre-existing medical conditions, it can complicate the claims process significantly. Insurance companies and lawyers tend to pick apart such cases in an effort to find out how much of the injury or pain existed before the accident.
Knowing how previously existing conditions affect your car accident injury claim is essential in getting fair compensation for your injuries. Here’s how a pre-existing condition can affect your car accident injury claim.
Impact on Compensation Amount
One of the biggest impacts pre-existing conditions have on an accident injury claim is in terms of how much total compensation for damage and injury is awarded. If someone is injured in a car accident and it aggravates a pre-existing medical condition, the insurance carrier may assert that the collision is not entirely to blame for any pain after or restrictions.
For example, if a victim had long-term back pain before an accident and the impact of the crash made the pain worse, compensation might only account for how much worse the injury got from that incident.
Difficulty Proving Causation
Proving causation becomes more complex when pre-existing conditions are involved. It is the claimant’s burden to demonstrate that the accident was a direct cause of new injuries or of exacerbation of existing ones. Without hard medical evidence, adjusters can argue that the symptoms or restrictions are not caused by the accident.
So, it is essential to record the impact of an injury on the person since the accident happened, such as more pain, less movement, etc. Additionally, expert testimony can help establish a causal relationship between the accident and the acceleration or aggravation of a pre-existing condition.
Requirement for Detailed Medical Records
In a car accident, the prerecording of medical history is very important when you have a pre-existing condition. These records are useful in establishing a clear medical history of the victim, both before and after the accident.
They can demonstrate variations in pain levels, mobility, or the seriousness of an illness or injury, indicating how much the accident impacted the person’s overall condition.
Insurance Company Scrutiny
Claims with pre-existing conditions are the ones that insurance companies have to be very careful of. They closely study such cases, searching for excuses to reduce settlements. Insurance adjusters might ask for years of medical records to search for evidence that the injuries existed before the accident.
They may also retain their own medical experts to dispute the claim. This closer examination can also mean that the system takes longer to get through and is more adversarial for the person seeking benefits.
Reduced Settlement Offers
Due to the complications that pre-existing conditions introduce, settlement offers are often lower than expected. Insurance companies might claim that most of the pain or disability is related to the old injury, rather than the new accident.
Therefore, they suggest lower numbers, which will ultimately exclude the highest degree of pain and services provided to the victim.
In Conclusion
Having a pre-existing condition may complicate your claim, but it doesn’t mean you can’t recover damages. The secret is in thorough medical records, demonstrable aggravation, and skilled legal representation. With the right strategy, people can challenge those convolutions and make sure they are compensated in keeping with what they suffered due to the crash.
Key Takeaways
- Pre-existing conditions can reduce your compensation, especially if the insurer claims your injuries existed before the crash.
- Proving the accident worsened your condition is crucial, and strong medical evidence is key.
- Detailed medical records before and after the accident help show the real impact of the crash on your health.
- Insurance companies will scrutinize your claim, so having legal support can protect your rights and improve your outcome.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.