A car accident can be a devastating incident. You can often encounter hefty medical bills, physical injuries, and emotional distress. However, your previous medical issues can also hurt your new injury claim and add to your stress. Whether it keeps you from receiving the full compensation you deserve depends on your unique circumstances. So, here are more details on how your pre-existing conditions affect your injury claim.
What Are Pre-Existing Conditions?
A pre-existing condition is a medical issue that has existed before your recent accident. It can include conditions such as chronic back pain, neck injury, fibromyalgia, arthritis, osteoporosis, concussions, and PTSD. Although a pre-existing condition won’t disqualify your coverage, it can certainly complicate the case. It’s also a fundamental principle that you cannot claim damages for prior injuries, but any pain, exacerbation, or flare-up resulting from the existing accident can be pursued, and the defendant remains liable for the full extent of those injuries.
But you should remember that insurance companies make every effort to use your pre-existing condition to minimize or deny payouts. Therefore, understanding what factors impact your personal injury claim can help you safeguard your rights. You may be entitled to compensation for the new harm, but you must prove the difference in your well-being after the recent accident and distinguish it from the old symptoms. A skilled personal injury attorney in Atlanta can assist you in navigating the specifics of the case.
Being Honest Is Critical
When you sign up for a new policy, you should reveal as much truthful information as possible about your medical history. Even when you are claiming any damages, you must not try to hide any previous conditions. Insurance adjusters can easily determine that you might have concealed some information about your health, and this damages your credibility. So, you would want to remain upfront about your well-being and hire a car accident attorney in Atlanta to clarify how the recent accident worsened your previous conditions. Experts can strengthen the case with the right medical information and evidence.
Proving New Injuries
It can be complex to prove the difference between new and old conditions, especially those that are stress-related. The defense lawyers can argue that your new pain is from the old condition, there isn’t any new injury, or your condition has naturally worsened with time.
So, your personal injury lawyer works closely with medical professionals to demonstrate that the recent accident exacerbated your pre-existing condition. If you had mild lower back pain for a long time, but now you experience severe disc-related damage or limited movement, this clearly demonstrates an aggravation of your symptoms.
Therefore, your lawyer will gather necessary medical records, therapy notes, and expert testimonies to connect your worsening condition to the recent accident. This allows your attorney to recover fair compensation for both new and aggravated injuries.
Expert Legal Counsel Can Be Invaluable
Expert legal teams such as Peach Firm in Atlanta understand how insurance companies approach cases involving pre-existing medical conditions. Specialists can handle all other necessary documentation, negotiate strategically, and present your information to support your claim. Having the right legal support can help you obtain compensation for physical restrictions, reduced quality of life, decreased wages, emotional distress, and more.
Schedule a Consultation Today
Pre-existing conditions require stronger evidence and expert representation so they don’t reduce the likelihood of obtaining fair compensation. At Peach Firm, we stand by your side and ensure that your voice is heard, your injuries are recognized, and your rights are protected. Book a free, initial, confidential case evaluation with us today to understand the way forward.