You may have the right to obtain compensation after you’ve been involved in a San Diego car accident. If you suffer from any pre-existing conditions, it can be difficult to know how much your personal injury claim is worth. In fact, others involved in your accident may even try to deny responsibility for your injuries, claiming that they pre-dated the accident. You can protect yourself and your right to recover compensation by hiring an attorney to handle your case.
Understanding Pre-Existing Conditions
A pre-existing condition is any health issue, illness, injury, or disability that existed before your car accident. The car accident is not responsible for causing this particular injury. The health condition affected your life in some way before you were injured in the crash.
Can I Be Compensated For a Pre-Existing Condition?
As a general rule, no. You only have the right to obtain compensation for injuries that were caused by your accident. Would you have suffered from your injury, even if the accident had never happened? If so, you won’t be able to recover money to compensate for that particular injury. You can only be compensated for injuries that wouldn’t have happened unless you were involved in the accident.
What If The Accident Aggravates My Pre-Existing Condition?
There are always exceptions to the rule. You might be able to get money for a pre-existing condition if the car accident aggravated your health condition. Remember, you can be compensated for injuries that were caused by your accident. If your pre-existing condition gets worse or more intrusive because of your accident, compensation may be available.
For example, let’s say that you fell and injured your back decades ago. Since then, you’ve suffered from low-grade back pain. The pain has never really interfered with your life. Suddenly you’re involved in an unexpected car accident. The impact of the collision aggravated your pre-existing back injury. Now you’re dealing with chronic and intense pain. Some days the pain is so bad that you’re unable to move.
Even though your back injury pre-dated the accident, the crash is responsible for your new symptoms and distress. The person who caused your car accident can be liable for your newfound distress and discomfort.
Why Should I Hire an Attorney If I Suffer From Pre-Existing Conditions?
It’s not your fault that you had health issues before you were involved in a car accident. Those health conditions should not prevent you from recovering compensation for injuries that are a result of your recent collision. However, your pre-existing conditions could be used against you. You can protect yourself and your right to recover compensation by hiring an experienced attorney to handle your case.
Insurance Companies Will Try to Claim Your Injuries Pre-Dated an Accident
Insurance is typically the first source of compensation that’s available to you after an accident. In order to recover the money you need, you’re required to file a personal injury claim. The claim can be filed with your own insurer or the company that represents the person who caused your accident.
Once an injury claim is received, the insurance company will carefully review your request for damages. Adjusters and insurance representatives will search for any reason to deny your claim. One way to deny a claim is by claiming that your injuries pre-dated the accident. Insurers are only liable for injuries that were caused by your accident.
In order to deny your claim, insurance representatives may dig into your past. They’ll review your social media profiles and search for any indication that you suffered from your injury, or a similar injury, before the accident. They’ll deny your claim even if the assumption that your injury pre-dated your accident is wrong.
As your attorneys, we will not let insurance companies deny you the compensation that you rightfully deserve. If they try to claim that your car accident injury was a pre-existing condition, we’ll gather the evidence we need to prove them wrong. We’ll comb through your medical records, gather statements from witnesses, and consult with experts to make sure that you are able to get the money you deserve.
Determining the Value of An Injury Claim Involving Pre-Existing Conditions
How much is your car accident injury case worth? What impact will your pre-existing conditions have on your ability to recover compensation? How much can you recover if your accident aggravated your pre-existing injury?
Insurance companies will probably get to answer these questions if you try to pursue compensation on your own. They’ll either deny your claim or assess your damages for much less than they’re actually worth. When you hire an attorney to handle your case, you’ll prevent an insurance company from making unilateral decisions that aren’t in your best interest.
At Injury Trial Lawyers, APC, we will carefully assess and analyze your injury claim. Our attorneys will review your medical records, speak with your doctors, and gather any evidence that helps to strengthen your case.
We’ll also consult with some of the best accident and injury experts in the greater San Diego area. Their expertise can help us to determine precisely how much your case is worth, especially if your accident has aggravated a pre-existing condition. With their help, we’ll figure out how your aggravated injury affects your life now and how it may affect you in the future.
Proving Your Injuries Didn’t Pre-Date Your Car Accident
Insurance companies will be insistent that you suffered from your injuries long before you were involved in a recent car accident. You may be forced to prove to them wrong. This could involve taking your case before a judge.
There are two things you’ll need to do to prove that your injuries didn’t exist before your car accident.
First, you’ll have to disclose your medical records. In fact, an insurance company may even subpoena your medical records if it believes that your injuries pre-dated the accident. Your records can help to clarify what types of injuries and health conditions you’ve dealt with in the past.
Second, it will be important to have your doctor provide a statement or testify on your behalf. Your doctor can offer invaluable insight into when a particular injury manifested. If your pre-existing injury was aggravated because of your accident, your doctor can explain the differences between your injury prior to the accident and after. This testimony can be essential in determining the value of your injury claim.
Once you establish that your injury did not pre-date your accident, insurance companies will have to accept responsibility and offer you a fair settlement.
Get Help With Your Car Accident Case
Have you been injured in a San Diego car accident? Is an insurance company trying to claim that your injuries pre-dated the accident? Our personal injury lawyers can help you protect your right to recover compensation. Contact Injury Trial Lawyers, APC today to schedule a free case assessment and learn more.