Car accidents, when they occur, can cause a lot of injuries. These can vary depending on the accident and must be taken care of with the medical help that is needed. Now, when a case is taken to a lawyer, it is made sure that there is enough evidence to prove the other party was responsible for the accident and that they are liable for the losses that have occurred to the victims.
A lot of times, there are pre-existing medical conditions that can make the accident injuries get really bad, and then the compensation concept becomes very difficult to understand. In such cases, a car accident lawyer can help you a lot with dealings of injuries.
Pre-Existing Medical Conditions
The term pre-existing medical conditions plays a very important role in car accident cases. Knowing what pre-existing injuries are and how these can impact accident cases is very important for everyone involved in incidents like these.
A pre-existing health condition refers to any medical problem or injury that had happened before the accident, as far as car accidents are concerned. The condition might have been diagnosed, treated or was possibly an earlier hidden problem that the person did not know about.
Common Pre-Existing Medical Conditions
- Acute Pain: Issues like back pain are one condition that can get really bad by physical trauma in the form of an accident.
- Spinal Issues: Pre-existing spinal cord issues like herniated discs can get really bad by the collision after an accident.
- Prior Injuries: A previously torn ligament or a cured fracture may get pretty bad after an accident.
- Heart Conditions: Pre-existing heart issues can be affected after an accident and can lead to increased heart issues in the future.
- Neurological Issues: People who suffer from neurological issues or conditions a lot of times after an accident say that they felt their symptoms quite intensified after the accident.
Legal View of Pre-Existing Injuries
Having an understanding of how the legal system looks at pre-existing injuries and how it handles them is very important for all the people who are involved in such damages.
Honesty: In law, it is necessary to make public all prior conditions of injury when trying for compensation. It is possible to not take credibility seriously when it comes to your argument by hiding or skipping these facts, and this might have an adverse effect on your case.
Burden of Evidence: This is the burden that lies on the shoulders of the plaintiff to show if the car accident has aggravated the pre-existing condition. To establish a link, medical records, proper documentation, and expert testimony play a very important role.
The Differentiation: There is one legal challenge that revolves around making sure that the pre-existing injuries are different from the new ones. So, after an accident, it must be made sure if the injuries in the body or any impact on the body are new or if they have been there for a long time.
Effect on Compensation: Pre-existing medical conditions can leave an impact on the compensation that is to be provided for the injuries. Both increases and decreases in the amount of compensation, depending on the scope of the accident, can be seen. So, this all depends on the presentation of the condition and how the injury or medical condition is explained.
Insurance Companies and Pre-Existing Medical Conditions
When it comes to the discussion and negotiations with the insurance companies, they have their own significance.
Stay Prepared: It is very important that you stay prepared when it comes to discussing the case with your insurance adjuster, as your claim and compensation depend a lot on the way you present your injuries to your company.
Understanding of Policy: You must know what kind of policy you have and must make sure that you get everything covered for which you have signed the claim. If you know the specifics, it can get very easy for you not to settle for less and ask for the sum that suits you the most.
Avoid Unnecessary Details: Make sure that you do not give extra details to the insurance team, as they can make or break your case. By giving extra information, you can call the worst-case scenario for yourself.
So, in the end, it must be very much understood to people that pre-existing injuries or medical conditions do have an impact on the compensation of the case. These can be impacted by collisions and can get worse. But the compensation still depends on your presentation to the insurance company and the other party. Make sure that you have clear communication with the insurance team and try to tell them honestly in every way how the accident impacted your body.