In a personal injury lawsuit, the defendant and their insurance company will be on the lookout for any way to reduce or deny your compensation. They may try to argue that your symptoms were not caused by the accident but rather arise from a pre-existing ailment, and so you are not entitled to compensation.
But keep in mind that the at-fault person is responsible for all harm that they cause. They are also responsible for any injuries or illnesses that they cause or aggravate. So, if you were in an accident that worsened a pre-existing injury, you are entitled to reimbursement for your pain, suffering, and medical expenses. That said, there are steps you will need to take to get the compensation you deserve. Contact The Law Offices of Larry H. Parker at 800-333-0000 for a free consultation.
You will need to make your previous medical records public
If you have a pre-existing injury or medical condition, you may be inclined to hide it at first in order to keep your current personal injury claim from becoming more complicated. This would be a huge blunder. Hide a prior injury, and you risk being accused of exaggerating or even fabricating your present condition.
You’re considerably better off sharing your entire medical history from the start. This will enable your personal injury lawyer to appropriately account for any pre-existing ailments while constructing your compensation case.
Prove that you’ve recovered from your previous injuries
You must prove how you felt before the event in order to show that an accident worsened a pre-existing ailment. Your medical records should be able to assist you with this. Perhaps you suffered a back injury a few years ago. It’s possible that your medical records reflect that you received therapy and were pain-free for years. If you are experiencing fresh discomfort, it was most likely triggered by the accident.
Consult a physician
It’s critical to consult a doctor as soon as possible following an accident to establish a causal link between the event and your new symptoms. New x-rays, MRIs, and other diagnostic procedures might be compared to the findings of previous tests to demonstrate that your physical condition has changed as a consequence of the accident and that you now require extra medical care.
In other words, you can overcome the defense’s position that your suffering is solely due to a pre-existing condition by demonstrating that you had an injury, that you healed from that injury, and that you now have new symptoms. As a result, you will be in a better position to get just compensation for the aggravation of a pre-existing ailment.
We are standing by to help with your case
We’ve represented over 100,000 clients and recovered more than $2 billion in compensation at The Law Offices of Larry H. Parker. We’ve handled a wide range of serious injury cases, including those involving pre-existing conditions. You can rely on us to build the best possible case for you to get full and fair compensation for your injuries, regardless of how complex the medical evidence in your case may appear. Please call 800-333-0000 and ask for a free consultation to learn more about selecting us as your personal injury attorney.