When you are hurt in a personal injury accident of any kind, any pre-existing conditions you might have could worsen. It can also complicate your personal injury case. If you have a pre-existing condition, you should know how it could come into play in this situation and how to protect your legal rights.
Understanding Pre-Existing Conditions
A pre-existing condition could be a chronic disease such as heart disease, diabetes, or cancer. It could also be a back injury you sustained years ago in an unrelated incident. After this accident, your pre-existing condition may become worse.
An attorney will look at the existence of your condition prior to the accident. They will also consider the severity of this injury when advising you on what to do as you move forward with your injury claim.
How A Pre-Existing Condition Could Impact Your Personal Injury Claim
If you have a pre-existing condition, it is important to let your personal injury lawyer know about it. They must have a full understanding of your overall health to build a strong case on your behalf.
Even if you don’t think your pre-existing condition would have anything to do with your injuries from the accident, it is always best to disclose this information to your lawyer. You may have herniated discs, arthritis, previous fractures, or chronic knee or back pain.
You should also mention any pre-existing mental or emotional health issues, including depression or anxiety. If a pre-existing condition is impacted by your personal injury accident, having proper documentation is essential to detail its history. A pre-existing condition doesn’t mean you can’t file a claim, but it does mean that your attorney will need to determine which damages can be attributed to this recent accident.
While a pre-existing condition can complicate a claim, if your lawyer has all the information about it, they can work with the insurance company. Insurance adjusters will often try to argue that the pre-existing condition contributed to your injuries to reduce your compensation. Your legal representative will work to prove that this condition did not contribute to your injuries or that the accident aggravated it to get your compensation.
What Happens If You Don’t Disclose Your Pre-Existing Health Conditions?
When you are hurt in any kind of personal injury accident and get medical attention, it is imperative that you disclose any pre-existing conditions during the medical examination. You should tell the doctor who is treating you as this allows them to provide you with the best level of care.
This information is also important when they are issuing medications, dosages, and treatments. If they do not know you have a pre-existing condition, it could directly affect your recovery.
In addition to informing the doctor of your pre-existing medical condition or injury, you could also make it more difficult to recover compensation for your accident injuries. The insurance company will do a lot of digging to find anything it can to use against you. If they find out that you did not disclose a pre-existing condition, they will likely reject your claim.
You can simply inform your doctor and your attorney of any pre-existing injuries or conditions. Your attorney will then establish a timeline of your medical history to determine the extent of your injuries and a fair amount of compensation.
Additionally, there may be legal consequences for failing to disclose these conditions to the insurance company. They may consider it as insurance fraud, which is a criminal offense that could result in imprisonment and fines if you are convicted.
What To Do If You Have Pre-Existing Injuries
If you have pre-existing injuries or conditions, the first step after your accident is to let the doctor or the medical team at the hospital know of them as soon as possible. This allows them to provide you with the best care to help you heal.
You should also speak with a personal injury attorney soon after your condition has stabilized. Be sure to let them know about all pre-existing conditions, even if you don’t think they could be aggravated by the accident. While this could make your personal injury case more complicated, it doesn’t mean you will not be able to receive compensation for your accident injuries.
Most personal injury attorneys offer a free initial consultation, which is a great time to bring up any pre-existing conditions. They can provide you with valuable advice on how they could affect your case’s outcome and offer legal options for your consideration. Find out more about how much you may be able to recover from your personal injury case when you contact us today!
