Frequently Asked Questions About Pre-Existing Conditions And Personal Injury Claims
One of the reasons insurance companies reject or undervalue a personal injury claim is a pre-existing condition. If you are involved in an accident, you cannot claim compensation for injuries that existed before the accident.
However, you are eligible for compensation if the accident worsens these injuries. Here are some common questions about pre-existing conditions and a personal injury claim.
Why Should You Disclose a Pre-Existing Condition?
When you are involved in an accident, you should disclose everything that will affect your case to your personal injury lawyer. This includes information about any condition you had before the accident. Failing to disclose your past health conditions will lower your chance of a fair settlement.
Disclosure is essential, especially if your new injuries affect the old ones. Your injury lawyer will work with the doctor to show how your accident has aggravated your pre-existing conditions. Pre-existing conditions can either be mental or physical. They can be common conditions like high blood pressure, diabetes, asthma, heart conditions, or depression.
What Is the Eggshell Skull Rule?
The eggshell skull rule is also known as the "take your victim as you find him" concept. According to this rule, the relative frailty of an injured victim isn't enough defense against a personal injury claim.
The name of this rule is derived from an imaginary case where a person with a skull as thin as an eggshell is injured. In such a case, even though the perpetrator never knew about the fragile nature of the victim's skull, they are liable for all damages resulting from their negligent actions. Therefore, you shouldn't fail to file a claim if you were injured by someone else's negligence, even though you had pre-existing injuries.
Why Are Medical Records Important If You Had Pre-Existing Injuries?
Medical records provide details of your condition at the time of the accident. This information also shows how your pre-existing injury worsened because of the accident.
Some information your personal injury lawyer could use to prove the accident made your pre-existing injury worse include diagnostic tests, physician reports, imaging, and testimony from medical professionals. Ensure the medical records are detailed, and discuss your condition at great length. This includes how severe your condition was and how it affected your life.
In Closing
If you are involved in an accident and have a pre-existing condition, ensure you gather all the evidence to support your claim. Be honest about the effects of your pre-existing condition on your current injuries. A personal injury lawyer can help you claim fair compensation, which includes medical expenses, pain and suffering, and temporary or permanent disability. Contact a personal injury law firm to learn more.
Share