The Impact of Pre-Existing Conditions on Personal Injury Claims
Holly Berry is a writer for Legal Akomplice, a Legal Marketing Technology Agency.
“Road traffic crashes are a leading cause of death worldwide, resulting in over 1.25 million fatalities and 50 million injuries per annum. Individuals injured in road traffic crashes have a range of physical, psychological, and legal needs that often persist over long periods of time. These needs also often result in long-term employment and financial difficulties with profound personal, social, and economic consequences [7],” according to NIH. When pursuing a personal injury claim, one factor that can affect the outcome is the presence of pre-existing conditions. These conditions often complicate the process of establishing liability and determining the extent of damages. Individuals with prior injuries or health conditions might face challenges in demonstrating how much of their current injuries were caused by the accident versus their pre-existing condition. However, having a pre-existing condition does not disqualify someone from pursuing compensation for injuries caused by someone else’s negligence. An experienced attorney personal injury plays a huge role in helping clients with pre-existing conditions secure fair compensation. These legal professionals can differentiate between the exacerbation of a previous injury and a completely new injury, ensuring their client’s rights are protected. A skilled lawyer will carefully gather medical records, work with expert witnesses, and present the case in a way that clarifies how the accident impacted the victim’s overall health, even with pre-existing factors in play. This is especially important in cases involving complex accidents, such as those managed by a truck wreck lawyer.
Proving Aggravation of Pre-Existing Conditions
One of the primary challenges in cases involving pre-existing conditions is proving that the accident aggravated or worsened an existing injury. For example, someone with a history of back pain could sustain further harm in an auto collision, making it difficult to determine which portion of their suffering stems from the crash and which is related to their previous condition. Insurance companies often attempt to downplay these claims, arguing that the injury would have occurred regardless of the accident.
The role of a law firm is essential in addressing these disputes. Attorneys must gather substantial medical evidence showing how the injury worsened due to the accident. This often involves comparing the client’s medical history before and after the incident, calling on doctors to explain the difference in severity. Even with pre-existing conditions, victims are entitled to compensation for the exacerbation of their injuries. Working with expert attorney personal injury in Fresno services ensures that the legal arguments presented are based on factual medical evaluations and compelling evidence.
Overcoming Insurance Company Tactics
Insurance companies often seize on pre-existing conditions as a way to minimize or deny compensation. They may argue that the injured party’s ongoing pain or disability is unrelated to the accident. This is where experienced bike accident lawyers and personal injury attorneys become crucial advocates for victims. They understand the strategies insurance companies use and can effectively counter these tactics.
In these situations, a well-prepared legal team can present evidence demonstrating the difference in a victim’s condition before and after the accident. Whether through medical records, expert testimony, or accident reconstruction, the goal is to prove that the incident was the primary cause of the increased pain or impairment. By working with a skilled team, victims can fight for the compensation they deserve, regardless of pre-existing health conditions.
Importance of Legal Representation
Seeking legal representation from a reputable vehicle accident law firm becomes especially important when pre-existing conditions are involved. These cases are more complex, requiring a detailed understanding of both legal and medical issues. Attorneys who specialize in personal injury can help clients build a strong case, ensuring that their pre-existing conditions are handled with care, and that any aggravation from the accident is properly accounted for.
Even with pre-existing health concerns, victims are still entitled to compensation for the harm caused by another’s negligence. Attorneys are able to negotiate effectively with insurance companies and pursue fair settlements or verdicts on behalf of their clients. Partnering with professionals such as an auto accident injury law firm can increase the chances of a successful outcome in cases where pre-existing conditions are a factor.
While pre-existing conditions can complicate personal injury claims, they do not prevent victims from obtaining compensation. With the help of an attorney personal injury professional like Super Woman Super Lawyer, individuals can ensure that any exacerbation of their injuries is properly addressed, and they can seek the justice they deserve.
