Pre-existing conditions do not automatically preclude you from securing compensation after an accident
In personal injury cases, the defendant and their insurance provider will be constantly looking for any possible means of reducing or denying your compensation. One possible strategy they may try to employ is arguing that your symptoms weren’t actually caused by the accident, but instead stem from a pre-existing condition and therefore do not deserve compensation.
But Remember:
The at-fault party isn’t just liable for injuries that they cause. They are also liable for injuries or conditions that they worsen.
So, if you have been involved in an accident that has aggravated a pre-existing injury, you absolutely do deserve compensation for your pain, suffering, and medical bills.
Here’s what you need to do in order to secure this compensation:
- Disclose your past medical records. If you have a pre-existing injury or medical condition, you may at first be tempted to try to hide it so that it will not complicate your current personal injury claim. This would be a grave mistake. Hiding an old injury could cast doubt on the validity of your entire claim, and you might be accused of exaggerating or even faking your current injury. You are much better off disclosing your complete medical record from the very beginning. This will allow your personal injury attorney to properly account for any pre-existing conditions when building your case for compensation.
- Provide proof of recovery from the old injury. In order to show that an accident has aggravated a pre-existing condition, you need to establish how you felt before the accident. Your medical records should help to do this. For example, maybe you had a back injury several years ago. Your medical record might show that you underwent treatment and were pain-free for years. If you now have new pain, it therefore must have been caused by the accident.
- See a doctor. It is very important to see a doctor promptly after your accident in order to establish a causal relationship between the accident and your new symptoms. New x-rays, MRIs, and other diagnostic tests can be compared with the results of old tests to show that your physical condition has changed as a result of the accident and that you now require additional medical treatment.
In other words, by showing that you had an injury, that you recovered from that injury, and that you now have new symptoms, you can defeat the defense’s argument that your suffering is purely the result of a pre-existing condition. This will position you to receive fair compensation for the aggravation of a pre-existing condition.
No Case is Too Complicated for The Law Offices of Larry H. Parker
At The Law Offices of Larry H. Parker, we’ve represented over 100,000 clients and secured more than $2 billion in compensation. We’ve handled all kinds of catastrophic injury cases, including ones involving pre-existing conditions. You can trust us to create the strongest possible argument for you to receive full and fair compensation for your injuries, no matter how complicated the medical evidence in your case may seem. To learn more about hiring us as your personal injury attorney, please dial 800-333-0000 and request your free consultation.
