How A Pre-Existing Injury May Impact Your Personal Injury Case

Personal Injury Lawyer

If you have been hurt in an accident caused by another party, you may be eligible to receive compensation. However, if you have a pre-existing condition, you might worry about how it will affect your case. The truth is that many accident victims already have an old injury or other health problem. Although having a pre-existing condition can complicate things, an experienced personal injury lawyer may be able to help you.

Common Types Of Pre-Existing Conditions

It’s not uncommon for accident victims to have some type of pre-existing condition. They may have previously broken bones, concussions, strains, sprains or back injuries. Certain medical conditions, like diabetes, heart disease or arthritis, may also make the effects of the accident even worse.

How a Pre-Existing Condition Can Complicate a Personal Injury Case

When you bring a personal injury claim for an injury you sustained in an accident, the damages you receive generally will not cover any injuries you had before the accident. However, there is an exception to this rule. If the accident worsened your pre-existing condition, you may be able to receive compensation for that. Unfortunately, since the human body is so complex, it can be tricky to establish that the accident worsened your pre-existing condition.

How to Deal with a Claim That Involves a Pre-Existing Condition

Filing a personal injury claim may be trickier with a pre-existing condition, but it still is not impossible to obtain the compensation you deserve. Here are a few tips to keep in mind.

  • Be honest about your pre-existing condition. One of the biggest mistakes accident victims make is not being truthful about their pre-existing conditions. They may worry that it will negatively affect their claim. However, not mentioning your pre-existing condition could actually make things worse. The defendant’s insurance company may try to deny your claim for being dishonest. That is why the legal professionals at Therman Law Offices, LTD recommend disclosing your pre-condition to your doctor from the beginning.
  • Do not sign a medical authorization release. After your accident, the defendant’s insurance company may contact you and ask you to sign a medical authorization release. Under no circumstances should you sign this. The release can access your entire medical history, not just the records relevant to your case. The insurance company may try to find information in your medical history to use against you.
  • Enlist the help of an injury lawyer. Personal injury cases involving pre-existing conditions can be extra complicated. Therefore, it is in your best interest to work with an experienced personal injury lawyer. A lawyer can help prove that the injury you sustained during the accident was not pre-existing or that your pre-existing condition was aggravated by the accident. He or she can handle the negotiation process with the insurance company and take away some of your stress.

If you need assistance with your personal injury claim, you should schedule a consultation with an injury lawyer today to talk about your case in detail.

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