August 21, 2024
Can A Pre-Existing Condition Affect My Car Accident Claim?
Pre-existing conditions can complicate car accident claims by influencing the calculation of injuries and damages. Insurance companies may scrutinize claims to distinguish between pre-existing and accident-related conditions, potentially affecting the compensation awarded.
Proving the extent to which a pre-existing condition did or did not influence car accident-related injuries requires thorough documentation and sometimes expert medical opinion. It is vital to understand these dynamics when facing a car accident injury claim.
How Can a Pre-Existing Condition Impact My Car Accident Claim?
The presence of a pre-existing condition can complicate your car accident claim in several ways. First, insurance companies may argue that your current injuries were caused by your pre-existing condition rather than the accident itself. That argument can lead to disputes over the extent of the damages you are entitled to receive.
If the accident aggravates your pre-existing condition, you may still be entitled to compensation for the worsening of your health condition. However, proving that an accident did that can also be challenging.
Here are eight examples of pre-existing conditions:
- Arthritis
- Diabetes
- High blood pressure
- Asthma
- Back injury
- Depression
- Heart disease
- Chronic migraines
Can I Still Pursue a Car Accident Claim if I Have a Pre-Existing Condition?
Yes, you can pursue a car accident claim even if you have a pre-existing condition. Be advised that you must disclose your pre-existing condition to your attorney and the insurance company from the outset. Providing complete and accurate information about your medical history ensures transparency and builds credibility for your claim.
Gathering comprehensive medical records is essential when pursuing a claim with a pre-existing condition. These records should include documentation of your health before the accident, any treatments or therapies you were undergoing, and the impact of the accident on your condition.
After your accident, get an immediate medical evaluation and let the physician know about your pre-existing condition. Follow their treatment plan closely to show that you did everything possible to prioritize your health. That documentation will also be central to your claim.
How Can Legal Representation Help With a Car Accident Claim Involving a Pre-Existing Condition?
Legal representation is essential when facing a car accident claim with a pre-existing condition. An experienced attorney can assess the impact of your pre-existing condition on the claim’s outcome, gather relevant medical evidence, and negotiate with insurance companies to fight for fair compensation.
They can also provide strategic guidance on proving causation between the accident and its impact on your condition, addressing challenges that may arise. Skilled attorneys can advocate for your rights and help you achieve the best possible outcome in your car accident claim.
What Role Does Comparative Negligence Play When There Is a Pre-Existing Condition?
Comparative negligence laws may affect your car accident claim if your pre-existing condition contributed to the severity of your injuries. In states that follow comparative negligence principles, your compensation may be reduced proportionally based on your degree of fault.
For example, if the accident worsened a pre-existing back injury and you were found to be 20 percent at fault for not wearing a seatbelt, your compensation could be reduced by that percentage. Understanding how comparative negligence applies to your case requires legal skills and a thorough evaluation of the circumstances surrounding the accident.
Contact the Trusted Norristown Car Accident Lawyers at Anthony C. Gagliano III, P.C. for Legal Guidance
If you have been involved in a car accident and had a pre-existing condition, seek the guidance of the trusted Norristown car accident lawyers at Anthony C. Gagliano III, P.C. Contact us today to schedule a free consultation and learn how we can assist you in pursuing the compensation you deserve. Submit our online form or call our Philadelphia and King of Prussia, Pennsylvania, offices at 267-861-7100. Our coverage area includes Montgomery County, Delaware County, Bucks County, Chester County, and Norristown.