As you might know, a preexisting condition is a medical situation that you have already sought treatment for. Pre-existing conditions can sometimes have an impact on a personal injury case for victims of accidents caused by careless drivers. Below, learn about some key points to consider about this matter.
Aggravation of Preexisting Condition
If you had a preexisting condition that was worsened or aggravated due to the accident caused by a careless driver, you may still be eligible for compensation. The at-fault party may be held liable for exacerbating your condition or causing additional injuries.
Causation and Liability
The key factor in determining liability is establishing a link between the careless driver's actions and the injuries sustained. The at-fault party may argue that your preexisting condition, rather than the accident, is the main cause of your injuries. To counter this argument, you will need to provide medical evidence and expert opinions showing that the accident significantly contributed to your current condition.
Some jurisdictions follow the principle of comparative negligence, which means that if your preexisting condition contributed to your injuries, the damages awarded may be reduced in proportion to your level of responsibility. However, even if you have a preexisting condition, you may still recover compensation if the careless driver's negligence was the primary cause of the accident.
Insurance companies may try to minimize their liability by using your preexisting condition as a basis for denying or undervaluing your claim. They may argue that your injuries were pre-existing and not a result of the accident. It is crucial to gather thorough medical documentation, including records of your preexisting condition and how it was aggravated by the accident, to counter these arguments.
Medical Documentation and Expert Testimony
It is essential to obtain comprehensive medical documentation from healthcare professionals who can clearly outline the impact of the accident on your preexisting condition. Expert testimony from medical professionals can help establish the causal relationship between the accident and your injuries.
Consult an Attorney
Personal injury law can be complex, especially when preexisting conditions are involved. Consulting an experienced personal injury attorney will help you navigate the legal process, understand your rights, and build a strong case to maximize your chances of receiving fair compensation
Every case is unique, and the laws concerning personal injury claims can vary depending on the state. It is crucial to consult with a qualified attorney to get personalized legal advice tailored to your situation.
To get started, contact an auto accident attorney in your area.Share