• By:David Bate

An Overview on Pre-Existing Conditions and Personal Injury Claims

At any time on any given day, an accident can happen that could very well aggravate any pre-existing medical condition you may have. And when this happens, do you bring a personal injury lawsuit against whomever you believe is responsible? And, if so, what are your chances of a successful suit? Do you have a case at all if an accident aggravates your pre-existing medical condition?

Pre-existing Medical Conditions and Personal Injury Lawsuits

If a car accident or slip and fall incident aggravates a preexisting condition, you may be eligible to file a claim against the negligent party. However, keep in mind that your case can be complex when you’re going up against an insurance company. It’s best if you understand the personal injury claim process. It may also help to work with a personal injury attorney in order to improve your chances of a successful outcome.

Do You Have a Personal Injury Claim?

When you’re involved in an accident or some type of personal injury incident, you may experience injuries that can cause your pre-existing condition to flare up. You may also have a condition that has healed, but is re-injured due to a new accident. For both of these particular incidents, you may have the ability to file a personal injury claim. You certainly can’t receive compensation for injuries that existed before your accident, but you can receive compensation for injuries that have caused your other conditions to worsen.

What Happens After You File a Claim?

After you file for a personal injury claim following an accident, expect that the insurance company will fight your claim for compensation. You may be best served by consulting a lawyer like a personal injury lawyer Phoenix AZ trusts who will need to gain a comprehensive understanding of your pre-existing condition. Very likely you will need to provide him or her with a complete medical record that outlines your pre-existing conditions.

The insurance company may very likely refuse to pay you any compensation. Instead they may fight the claim saying that the accident did not have any impact on your pre-existing condition. They may also claim that your new injuries were caused by the pre-existing condition and not the incident itself.

How You Can Be Successful

There are a few things you can do to ensure a solid claim:

  1. Retain an experienced personal injury lawyer. They will know every tactic that the insurance company may use to fight your claim, so it’s best to anticipate their moves with the help of a personal injury attorney.
  2. Avoid signing any authorizations for the insurance company to access your medical records. The insurance company may ask for unrestricted access to your records. This may seem like a good idea in order for you to prove that you had the pre-existing condition, but the insurance company can also use that information to discredit your injury claim. Your attorney can guide your actions while protecting your best interests.
  3. Disclose your medical issues to your lawyer. It’s very important that you disclose all of your past and current medical issues to your lawyer. He or she may wish to enlist the expertise of a medical professional who can testify to your injuries and overall medical condition.

If you have concerns or questions about a personal injury claim, consider meeting with an attorney such as the personal injury lawyer Milwaukee, WI locals trust. Most personal injury attorneys offer a free consultation for your first visit.

Hickey & Turim Law Thanks to our friends and contributors from Hickey & Turim LLP for their insight into personal injury practice.

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