Accident claims can get complicated fast if you have past injuries or chronic health issues. Insurance companies look for reasons to reduce payouts. A pre-existing condition can change how your case unfolds from day one. You need to get ahead of the facts and know what insurance might try to use against you.
How Insurance Companies Treat Pre-Existing Conditions
Insurers don’t ignore your medical past. They look for injuries or conditions that existed before your accident. Think about a person with arthritis in the knees who now struggles to walk after a crash. In both cases, insurers may argue the accident only added to what was already there.
These situations are often tied to common examples of pre-existing conditions, like old fractures, arthritis, spinal injuries, or chronic joint pain. While such conditions don’t erase your right to compensation, they can make the process more complex because the challenge lies in proving what’s new versus what existed before.
Full Medical Documentation Matters
Car accident lawyers emphasize the necessity of medical documentation. Accurate medical records before and after your accident are critical. If you had lower back pain and your new MRI revealed a new disc herniation, the picture becomes clearer.
These records can illustrate how your condition has altered after the accident. This makes it difficult for insurers to deny your claim. Always remember that medical records are the most reliable evidence in contentious cases.
Important Legal Principles: The “Eggshell Skull Rule”
US law does not let insurers deny your claim just because you are more vulnerable than the average person. The “eggshell skull rule” means the responsible party remains liable for all consequences if an accident makes an old injury worse. Courts affirm this regularly. This makes it an important principle in personal injury.
Role of a Car Accident Lawyer
Car accident lawyers do far more than simply argue your case in court. Here’s how they can help when pre-existing conditions are involved.
- Collect past and current medical records.
- Collaborate with doctors to identify new and old injuries.
- Create timelines to demonstrate problems worsened after an accident.
- Resist insurers’ misuse of medical history.
- Explain legal principles, such as the eggshell skull rule, to defend your rights.
Steps You Should Take After an Accident
Managing your claim begins immediately after the accident. Take these actions to increase your chances of success in an accident claim involving a pre-existing condition.
- See a doctor straight away, even if symptoms are minor.
- Be honest about your medical history.
- Keep records of doctor appointments and test results.
- Track new symptoms in a journal.
- Contact a car accident lawyer if the insurance adjuster refuses your claim.
Pre-Existing Conditions and Settlements
If you have a pre-existing condition, your settlement will not always be lower. If your records show that the accident exacerbated your injuries, you may be able to obtain compensation. However, insurance companies fight back to ensure that the negotiations take longer.
Settlement amounts reflect how the incident exacerbated previous health issues. There is a good possibility of your claim getting paid in full with diligent documentation and clear legal backing. Your outcome may be impacted by the actions you take following the event. Keep in mind that you do not deserve less because of your medical past. You can seek justice if you have the appropriate legal knowledge and solid medical proof.
Important Takeaways
- Pre-existing conditions may affect how much your claim is worth to insurance.
- Accurate and comprehensive medical records are essential.
- People with long-term or previous injuries are protected under the “eggshell skull rule.”
- In these situations, auto accident attorneys are crucial. They fight for both just treatment and appropriate remuneration.
