Most personal injury claims assume that the victim was in perfect health condition before the accident. This is not always the case. There are times when you might have a prior injury before the accident. How does it affect your claim? You are only entitled to receive payment for injuries caused by the accident. If you have a pre-existing condition, it is best to contact a personal injury attorney to guide you. Pre-existing conditions can either hurt or help your case. It is best to have all the facts.
How Your Pre- Existing Condition Can Hurt or Help Your Case
There is no precise answer on whether your pre-existing conditions can hurt or help your case. It depends on the situation and varies from one case to the other.
In most cases, an accident may cause your prior injuries to become severe. In that case, you are eligible for compensation for the worsening of your injuries. But, you have to prove that the accident did aggravate the prior injuries. This is where an experienced personal injury attorney comes in handy.
Note that insurance adjusters may use these prior conditions to hurt your case. They may claim that the injuries are not due to the accident or that your condition caused the accident. Some of the pre-existing conditions include brain injuries, back injuries, and muscle disorders.
Don’t Allow Your Pre-existing Condition to Discourage You
You should not let your pre-existing condition discourage you from seeking compensation. As much as it might be challenging to prove the extent of damage caused, it is still possible.
Be sure to gather your medical reports before and after the accident. They are essential when filing a claim. They act as evidence that even if you had a pre-existing condition, the accident made it worse than before. Your attorney can show how the prior injuries affected you and how the aggravation might make it worse.
Contact a Competent Personal Injury Attorney Today!
A competent attorney can use their experience and legal doctrines such as the eggshell plaintiff to argue your case. The eggshell doctrine states that you cannot use pre-existing health issues of a victim against them to lower or hurt their claim.
Contact Robert J. Debry & Associates to get one of our best personal injury attorneys today!