Can Preexisting Injuries Affect Auto Accident Claims?

Accidents are physically, emotionally, and financially exhausting. Things can only worsen if you sustain severe injuries that demand medical expenses and time off for recovery.

Fortunately, you may file an auto accident claim to get compensation for your losses. But if you already had a long-term medical condition before the accident, you may wonder if that will affect your eligibility for compensation or the settlement amount. Learn more about this subject to help you make sound choices.

What Qualifies as a Preexisting Injury?

A preexisting injury is any medical condition that you had before the accident. The condition can include minor injuries like sprains and strains, previous surgeries or fractures, and chronic conditions such as arthritis and diabetes.

Also, note that not all preexisting injuries or medical conditions are physical. You may have a mental illness like depression or post-traumatic stress disorder (PTSD).

How Will Preexisting Conditions Impact Your Claim?

When you file a claim for an auto accident, you may get a disclaimer that the amount you receive for compensation does not cover injuries that you had before the accident. However, that may change based on your ability to offer solid proof.

For example, the insurer may argue that the recent accident did not cause any injuries and that they are all preexisting. In that case, the insurer may use the argument to deny your claim or lower your compensation.

In that case, you must present comprehensive medical records showing your medical history and prove that the accident is responsible for your current medical condition. In the same way, you can use the medical records to show that the recent accident aggravated an already existing condition.

For example, suppose you had a strained neck muscle before the accident, which worsened after the crash. You can use doctor reports and medical bills to show that the accident aggravated your physical condition.

Why Should You Disclose Preexisting Injuries?

You may be tempted to conceal preexisting injuries, however, that action can cause more harm than good.

For example, if you hide a preexisting injury, and the insurer learns about the condition later, they may accuse you of fraud. If that happens, the insurer can deny your entire claim and even take legal action against you.

Therefore, tell the insurer about all preexisting injuries upfront so that both parties can agree on the settlement amount or other options.

How Does Eggshell Plaintiff Favor You?

As complicated as it may sound, preexisting injuries do not always impede your claim. You may benefit from 'eggshell plaintiff' law in many states.

The law explains that even if an accident victim has a preexisting medical condition, the liable party must compensate for all the damages caused by the crash. Preexisting conditions are not an exception. If your condition worsened after the accident, the responsible party must compensate for preexisting and recent injuries.

What Damages Can You Claim?

Individuals with preexisting conditions are more susceptible to medical complications in case of an accident. Therefore, you can use that argument to demand compensation for all the necessary medical expenses related to your current condition.

You can also claim damages for lost wages and pain and suffering resulting from the accident.

Why Consult an Attorney?

Personal injury claims are complex, and preexisting injuries make the requirements even more daunting. A successful claim, in that case, requires a knowledgeable lawyer to help you prove that the accident caused your current condition.

An attorney knows when the insurer tries to downplay your claim and help you get the best outcome possible. So, you can trust your lawyer to negotiate with facts and evidence to ensure a fair settlement.

You can trust us at Walsh & Associates, PC, to provide the best legal advice and representation for your auto accident claim. We understand that preexisting injuries can complicate the process and will rest once you get the compensation you deserve. Contact us for a consultation.