Injuries from an accident can cause considerable pain and disrupt your life and finances. If you have a pre-existing condition, an accident can exacerbate existing health problems. While you can still recover damages for your injuries, it can pose some challenges when you file a personal injury claim with a pre-existing condition. An experienced Denver personal injury lawyer from Zara Injury Law can help you navigate these obstacles, protect your claim, and advocate for a fair settlement.
What constitutes a pre-existing condition
As its name implies, a pre-existing condition is an injury or health condition that you had before the accident occurred. This could have been the result of a previous accident, disease, or illness. Some common pre-existing injuries or conditions in personal injury cases may include:
- A pre-existing back injury
- Neck or spine injuries
- Traumatic brain injury
- Mental health conditions
- Arthritis
- Bone conditions
- Health conditions or illnesses
Any one of these conditions could be exacerbated by an accident that puts additional stress or trauma on the body. Pre-existing conditions increase your vulnerability to further injury due to compromised physical or psychological functions. They can also make it more challenging when pursuing a claim against the party responsible for your most current injuries.
Pre-existing conditions and the eggshell skull rule
When it comes to recovering your losses after a car accident or other type of accident, you can still pursue compensation from the person who caused your injury. Based on a principle known as the eggshell skull rule, the at-fault party is liable for causing your injuries even if they did not know about your condition before the accident or that you were more susceptible to harm.
How aggravation of a pre-existing condition is determined and established
Separating the original injury and its effects from the aggravation caused by the accident may be a challenge. However, you must show how your condition has worsened or deteriorated when you file a personal injury claim. Determining the difference begins with an evaluation of your medical history and opinions from medical experts. Physicians can speak to your pre-existing condition and the extent of additional damage inflicted by the accident.
Your lawyer will also work with you to ensure you have sufficient evidence and testimonies to support your claim and hold the other party accountable. They can advocate for you to prevent your claim involving pre-existing conditions from unfair dismissal.
Pre-existing conditions in personal injury cases pose challenges
Pre-existing conditions affect how the insurance company evaluates your claim and may limit how much they offer. They will often try any tactic to avoid paying you, which may include claiming that your injuries were not caused by the accident, but a normal progression of your other health concerns.
Another challenge with pre-existing conditions in personal injury claims is showing how your condition was aggravated by the accident. It can also be challenging to show what was caused by the other party in the accident and what was not. Medical records and testimony may help make your case. However, these situations require the experience and knowledge of a personal injury lawyer who knows how to investigate the accident, as well as advocate and negotiate on your behalf.
Compensation you may recover for a pre-existing condition
While the insurance company will likely try to avoid paying you, you may still be entitled to compensation. Your lawyer will communicate with the insurance company on your behalf to fight for the maximum amount. Your settlement should reflect the losses you suffered and may include the following:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
The damages awarded will focus on the aggravation of pre-existing injuries and not account for the original injury or condition. Because of the complexities involved with differentiating between the two, it is essential to have a personal injury lawyer who can advocate for you and guide you through the legal process so you can recover a fair settlement.
Zara Injury Law Fiercely Advocates for Clients
Zara Injury Law fiercely advocates for you to ensure that you receive a fair settlement for the injuries you sustained in an accident, even if you have a pre-existing condition. We stand up to insurance companies who may try to use this as a reason not to pay you.
Our team provides you with the support you need while aggressively negotiating on your behalf. To make sure you receive maximum compensation, contact us online or call us at (866) 823-8288 today for a free consultation and entrust your case and future to us.