Preexisting Conditions and Automobile Accident Claims

Preexisting Conditions and Automobile Accident Claims

Truck Injury Lawyer
Automobile Accident Claims

If you met with a car accident, which happened due to someone else’s negligence, then you have to file an automobile accident claim for compensation. When filing a claim for medical compensation, you will most likely be asked to submit medical documentation concerning your injuries.

A car accident victim is not eligible for compensation for preexisting medical conditions, but he or she may be entitled to get compensation for injuries which have been worsened by the accident.

A reason why you have to submit medical records is to find out whether any of your injuries were preexisting conditions.

Insurers often try to pay car accident victims as little as they can. Trying to prove that your injuries are preexisting ones and not actually caused by the collision is one way the insurer may attempt to reduce what you deserve.

What is Meant by a Preexisting Medical Condition?

This is defined as a health-related condition which you had before your accident. Just because that condition may have preexisted, does not mean that you have no right to get compensation.

Being involved in an accident can make that condition even worse and create further complications or a problem.

The legal system knows this fact, and makes provision for right compensation even when the insurance company attempts to deny this.

Right to Pursue Automobile Accident Injury Compensation

You will have to prove that the latest injuries you sustained worsened the preexisting ones, and that it delayed your recovery. You do not need to do this all on your own. All you need to have are your previous and present medical records, and a doctor who can show exactly how your earlier injuries have become worse.

When you hire an accident lawyer, he or she will ensure that all of the essential documentation is collected to substantiate your claim for damages.

The insurance company of the at-fault driver will not need to pay for the treatment which you would have got if the accident did not happen.

However, the insurer will be liable for extra treatment which you would not have got had you not been involved in that accident.

The Eggshell Doctrine

This is a law theory regarding claims and cases involving aggravated preexisting conditions.

As per this rule, the at-fault driver is still liable for the injuries suffered by the victim however fragile the latter may have been when the accident happened.

Under this doctrine, the insurer is not allowed to blame the condition you had for the harm you suffered in the crash. However, you should prove that the crash directly brought about the new injuries.

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