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How Your Pre-Existing Conditions May Impact Your Personal Injury Claim

by Techstory
October 12, 2021
in Other
Reading Time: 2 mins read
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How Your Pre-Existing Conditions May Impact Your Personal Injury Claim
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Pre-existing conditions can significantly affect your persona injury claim. They can either increase your claim’s value or devalue it. Orange County personal injury lawyers can tell you how pre-existing conditions may affect your claim. If you sustained an injury because of somebody else’s negligence, consult an attorney right away. 

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How a Pre-Existing Condition Might Help or Hurt Your Injury Claim

The impacts of pre-existing conditions on injury claims can vary by case. Sometimes, they can cause a claims’ value to increase. Usually, a new injury causes previous injuries to become worse and the sufferer may be eligible for compensation. Your attorney can confirm this after consulting with your treating doctors. Pre-existing injuries such as degenerative back conditions, neck injuries, back injuries, brain injuries, hernias, and osteoarthritis can become worse because of new injuries. 

But, your claim can also become complicated and be lowered in value because of a pre-existing condition. An insurance adjuster will scrutinize pre-existing conditions and use them to question the legitimacy of your new injury. They may say that you did not sustain an injury from the accident or that your pre-existing condition may have contributed to your accident.

Importance of Having Regular Medical Checkups

If your medical condition is well documented, a pre-existing condition can benefit your injury claim. When you file a persona injury claim, your treating doctor will pinpoint injuries that the accident caused, including pre-existing injuries that the accident has aggravated. Such analysis is easier when your doctor has a medical history that they can compare with your medical condition following the car crash. Without proper documentation of your pre-existing conditions after you get into an accident, insurance companies can easily refute your claim. 

Why You Should Not Hide Your Pre-Existing Conditions

If your medical history or pre-existing condition is not well-documented, you may try to hide it and include it in the injuries you stained in your accident. However, this will not benefit your claim. When the insurance company discovers this pre-existing condition, they can deny your claim outright. Also, hiding a previous condition can set you up to fail and you can face potential court sanctions due to the omission. Instead, you need to be honest about your pre-existing conditions when you consult your attorney, speak with an insurance adjuster, or see a doctor. 

Your health is more important than anything. It is important to document your medical history, pre-existing condition, medical treatments, and possible rehab services you will need to help your lawyer establish your claim’s value. 

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