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How Pre-Existing Conditions Impact Personal Injury Claims

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How Pre-Existing Conditions Impact Personal Injury Claims

Brubaker Injury Law

February 23, 2024

When pursuing a personal injury claim, it’s essential to understand how pre-existing conditions can affect your case. These conditions refer to health issues you may have had before the accident. While having a pre-existing condition should not prevent you from seeking compensation, it can make the process more complex. Here’s what you need to know:

1. Disclosure Matters

  • Be Transparent: Always disclose your pre-existing conditions to medical professionals and your attorney. Failing to do so could harm your chances of obtaining fair compensation or even lead to a claim denial.
  • Insurance Adjusters: Insurance providers may argue that your pre-existing condition contributed to your injuries, potentially reducing your compensation. By being transparent, you allow medical professionals to evaluate if your situation worsened due to the accident.

2. Insurance Claim Denials

  • Complex Cases: Pre-existing conditions can complicate personal injury claims. Insurance companies may deny that the injury was caused by the accident, insisting that the pre-existing condition was responsible.
  • Reduced Compensation: Even if the injury is related to the accident, insurance adjusters may significantly reduce compensation due to the pre-existing condition.

3. Expert Witnesses

  • Medical Professionals: If you have a pre-existing condition and are filing a personal injury claim, expert testimony from a medical professional can be crucial.
  • Determining Impact: Expert witnesses can help determine your physical health status before and after the accident. Their assessment provides critical insight into how the accident affected your overall well-being.

4. Legal Strategy

  • Thorough Investigation: Due to the complexities of pre-existing conditions, a thorough investigation of your medical history and current health status is necessary.
  • Strategic Approach: Your attorney will develop a strategic approach to address the impact of pre-existing conditions on your case.

Remember that individuals with pre-existing conditions have the right to seek compensation for injuries caused by an accident. Consult an experienced personal injury attorney to navigate the legal process effectively and advocate for your rights.

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