Will my Pre-Existing Condition Affect my Car Accident Settlement?
Insurance companies will go out of their way to deny a car accident claim for a pre-existing injury or medical condition. Most of the time, they request the claimant’s medical records in an attempt to find a pre-existing injury or medical condition that they can point to and dismiss the claim. However, if a crash causes a pre-existing injury or condition to get worse or flare up, you are entitled to pursue damages for the medical expenses, lost wages, and pain and suffering, etc. caused by the flare-up.
The at-fault driver’s insurance company will fight tooth and nail against paying anything to the injured party in this situation, so it’s important to seek the help of an experienced local car accident lawyer who knows how to fight back. A good injury lawyer will negotiate and take a case to trial, if necessary, to ensure their client gets a full and fair settlement for their losses and injuries.
Will my Pre-Existing Condition Affect my Car Accident Settlement?
What is a pre-existing condition?
In the context of a car accident, a pre-existing medical condition is defined as any health condition or injury the claimant had before the accident. For example, someone may have already been experiencing back problems before they were hit.
How insurance companies try to use pre-existing conditions in their favor
In personal injury cases, insurance companies may state that a range of conditions or injuries involved in a claim could not possibly have been caused by the accident that their driver was responsible for. They do this as a bluff, hoping that the claimant will back off because they don’t know how to fight back.
Do I have to disclose my pre-existing condition as part of my accident claim?
If you have any pre-existing conditions, it isn’t a good idea to hide them from the insurance company because it can actually reduce your chance of getting a fair settlement. If a new injury affects the same area of the body as a previous condition, the entire claim can be compromised by failing to disclose it.
Recovering damages when a car accident aggravates a pre-existing condition
The good news is that with the right personal injury lawyer by your side, you can get a fair settlement for any damages caused by the accident – including damages for a pre-existing condition that became aggravated or worse as a result of the accident. The reason for this is that an aggravation is treated as a new injury when it results in increased disability, the need for new medical treatment, or a change in the otherwise planned course of treatment. Your car accident attorney will need to show that any new injuries you sustained in the car accident made your existing injuries worse, set back your recovery from the previous condition, and/or cost you money in treatment that would otherwise have been unnecessary.
While the settlement will not cover treatment that you would have been paying for even if the accident hadn’t happened, they are required to pay for treatment that you only need because of the accident. For example, if you had an old back injury that hadn’t been bothering you and you were not in active treatment for anymore before the accident, the insurance company would be asked to cover physical therapy appointments that were only started again because of the accident.
Common pre-existing conditions made worse by car accidents:
- Back problems
- Sore neck
- Brain injuries
- Broken bones
Seek the help of a car accident lawyer
If you or a loved one was injured in a collision because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced car accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
