Will a Pre-Existing Injury Have An Impact On My Car Accident Case?
What To Do If You Have a Pre-existing Injury After a Car Accident
Personal injury claims after car accidents in Mesa are common. In many cases, your claims can be settled through negotiation with the liable insurance company, although it can take some time to establish the total value of your claim and receive payment. Occasionally, the liable insurance company will deny the total value of your claim and you may need to take the case to court.
If you decide to sue for financial compensation after an injury from a car accident, the burden of proof will be on your and your Mesa personal injury attorney to prove multiple points:
- That the driver who hit you had a duty
- That the driver who hit you failed in that duty
- That your injuries are a direct result of the car accident in question
- That your injuries have prevented you from working or otherwise negatively impacted your life
Insurance companies naturally want to pay as little as possible for insurance claims, so they will carefully search for any way to reduce or deny the value of your claim against them. A common situation is when an injury victim already has a pre-existing medical condition that was exacerbated by the car accident. Sometimes, it can be challenging to prove that your worsened injury was the result of the car accident and not simply the natural course of a pre-existing condition or injury – and you can be sure that the insurance company will do everything they can to claim that your injuries were the result of your pre-existing injury.
This is one reason why you shouldn’t try to face insurance companies alone; your Gilbert car accident attorney has extensive experience in negotiations and can provide the representation you need to promote a successful outcome while you focus on recovering from your injuries.
Why Can Pre-existing Injuries Cause Problems With My Car Accident Claim?
Insurance companies are concerned about their bottom line and want to avoid paying out significant settlement amounts. To accomplish this goal, they hire insurance adjusters who will work on the company’s behalf to find any reason to deny a claim or to offer less than your claim is worth. One of the common ways that insurance companies attempt to do this is by looking for pre-existing injuries or medical conditions that the injured party may have had before the accident.
What Is a Pre-Existing Condition Or Injury?
A pre-existing condition is any type of injury or medical condition a person already had before their car accident. Even if the condition were under control through diet, medications, therapy, or other treatments, it may have been aggravated by the car accident.
Common pre-existing conditions that can be aggravated by car accidents include:
- Previous back injury
- Previous fracture or sprain that had not yet completely healed
- Joint conditions, such as rheumatoid arthritis, carpal tunnel, or Ehlers-Danlos
- Respiratory illnesses
- Cardiovascular diseases
- Mental health conditions, such as anxiety, PTSD, or depression
It’s not uncommon for a person who is already suffering from an injury or illness to find their condition aggravated by a new car accident that resulted from someone else’s negligence. In these cases, your Queen Creek car accident lawyer will work on your behalf to prove your claim and obtain the highest possible settlement. Although the liable insurance company will try to use your pre-existing condition against you, your attorney will work to prove that your injuries from the car accident are a separate situation.
Pre-Existing Conditions Should Not Affect Your Car Accident Claims
Many car accident victims become extremely frustrated with the progress of their insurance claims when the insurance company insists that their injuries were the result of a pre-existing condition. With this line of reasoning, insurance companies are essentially saying that someone should never be able to be harmed again if they had already experienced a medical condition at some point in their lives. But this isn’t how real life works.
Drivers who are determined to be at fault for an accident due to their carelessness or negligence are just that: at fault. The new injury or aggravation would not have occurred if the liable driver had not been negligent or made an error while driving. Regardless of whether the injuries sustained in the accident are new or an aggravation of a previous condition, the driver and their insurance company are still liable to provide compensation for a variety of damages, including medical bills and lost wages. Your Mesa personal injury attorney can guide you through each step of your insurance claim to maximize your settlement while providing representation and legal advice.
Maximize Your Compensation With a Pre-Existing Condition
If you have been injured in a car accident because of the careless or negligent actions of another person but have a pre-existing medical condition, get in touch with Chris Jones Law, PLC. As a leading personal injury attorney in Mesa, we specialize in car accident injuries and know how to get things done. Our emphasis on integrity, compassion, and results makes us the top-rated personal injury attorney firm in Mesa. Contact us today to schedule your confidential consultation and to learn more about how we can maximize your personal injury claim even if you have a pre-existing injury.
This blog is purely for marketing purposes and should not be construed as legal advice.
Chris Jones – Esq.
4704 E Southern Ave
Mesa, AZ 85206
Tel: (480) 390-5157