The Impact of Pre-Existing Conditions on Car Accident Injury Claims
Don’t let the insurance companies dispute your claim. Get help from a skilled Pittsburgh car accident lawyer!
Car accidents can lead to a variety of injuries. But what happens if you already had health issues before the crash? Pre-existing conditions can complicate your injury claim, whether it’s an old sports injury or a chronic health concern. Whether you’re dealing with a long-term illness or a previous injury, these conditions can significantly affect the compensation you’re entitled to in Pennsylvania.
Knowing how pre-existing conditions impact your claim is key to making sure you receive the compensation you deserve. A Pittsburgh car accident lawyer at Romanow Law Group can gather the facts to demonstrate how much your crash-related injuries have affected your life and fight for the maximum compensation you deserve under Pennsylvania law.
What is a pre-existing condition, and why does it matter in car accident claims?
A pre-existing condition refers to any medical issue or injury that existed before your car accident occurred. These conditions can range from occasional back pain to more serious health problems such as heart disease or degenerative joint diseases.
In car accident claims, these conditions matter because insurance companies often argue that the injuries you suffered were not caused by the crash but were merely the result of an ongoing issue.
For example, if you’ve had chronic knee pain for years and a car accident worsens that pain, the insurance company might try to reduce or deny your compensation by claiming your knee was already a problem. While this may seem unfair, the burden of proof is on the injured party to show how the accident specifically worsened the pre-existing condition.
How do pre-existing conditions affect insurance claims?
Pre-existing conditions can significantly influence how insurance companies assess injury claims. Insurers are naturally skeptical when a claimant has a history of medical issues. They’ll often scrutinize medical records to argue that your injuries were not entirely caused by your car accident. This can lead to reduced settlement offers or even denials of claims altogether.
However, just because you have a pre-existing condition doesn’t mean you can’t receive compensation. Insurance companies are still responsible for covering injuries that were aggravated or worsened by your car accident. The key is to establish that the car accident directly impacted your health and made a pre-existing condition worse than it was before.
This process often involves providing clear and detailed medical records from both before and after the accident, as well as expert medical opinions.
How can I prove that the accident aggravated my pre-existing condition?
Proving that a car accident aggravated a pre-existing condition requires detailed evidence. The best way to do this is by providing comprehensive medical records. Documentation from your healthcare provider that shows the state of your condition before and after the crash can be key evidence.
For example, if you had manageable neck pain before your car accident but now need surgery, your medical records can demonstrate this change. It’s also important to work closely with doctors and specialists who can provide written statements explaining how your car accident made your condition worse.
These expert opinions are crucial in proving that your car accident exacerbated your pre-existing condition. In some cases, medical experts may even testify on your behalf to clarify how the crash worsened your health.
Additionally, keeping a personal record of your symptoms after a crash can help demonstrate its impact on your pre-existing condition. Noting changes in pain levels, mobility issues, or new symptoms can provide further proof of how the crash affected your overall health.
Can pre-existing conditions reduce the amount of compensation I receive?
Pre-existing conditions can affect the amount of compensation you are eligible to receive after a car accident in Pennsylvania. If it’s clear that your car accident aggravated your condition, you may be entitled to compensation for the worsening of your health, but this is often where insurance companies push back.
Insurance companies will examine your medical history to determine how much of your current injury is due to your car accident versus how much stems from your pre-existing condition.
If they find that most of your symptoms existed before the crash, they may offer a reduced settlement. However, if you can prove that the accident significantly worsened your condition, you may be able to negotiate for higher compensation.
For example, someone with mild, occasional back pain might not need much medical care before a collision. But if that person is now in constant pain and requires surgery after the crash, they could receive a larger settlement due to the increased medical costs and the impact on their quality of life.
What legal strategies can help you get fair compensation despite pre-existing conditions?
Handling a car accident claim involving pre-existing conditions can be challenging, but several strategies can help ensure you receive fair compensation.
First, it’s important to be completely transparent about your medical history. Trying to hide or downplay pre-existing conditions can backfire and give the insurance company ammo to deny your claim.
Another key strategy is gathering strong medical evidence. Comprehensive medical records from both before and after the crash can show how the car accident aggravated your condition.
These records should include detailed doctor’s notes, test results, treatment plans, and any relevant imaging studies such as MRIs or X-rays. The more detailed and specific this evidence is, the harder it will be for the insurance company to argue against your claim.
Expert testimony from healthcare professionals is also a powerful tool. Having a doctor or specialist explain exactly how the car accident worsened your condition can make a big difference in the outcome of your case.
Finally, having legal representation can help you build a strong claim. An experienced Pittsburgh car accident attorney can negotiate with insurance companies on your behalf and make sure that your rights are protected.
What are common mistakes people make when filing claims with pre-existing conditions?
Filing a car accident injury claim when you have a pre-existing condition can be tricky, and there are a few common mistakes that can hurt your chances of receiving compensation.
Again, one of the biggest mistakes people make is failing to disclose pre-existing conditions upfront. While it may seem tempting to hide or downplay your medical history, doing so can lead to your claim being denied later if the insurance company uncovers this information.
Another common mistake is not having enough documentation. Without thorough medical records and clear evidence showing how your crash worsened your condition, it can be difficult to prove that you’re entitled to compensation.
It’s important to work with your doctor to ensure all relevant information is included in your medical records. That includes detailed notes on how your condition changed after the collision.
Lastly, accepting a quick settlement offer from the insurance company can be a mistake. Often, these early offers are much lower than what you could potentially receive if you take the time to gather more evidence and build a stronger case.
What can I do to strengthen my car accident claim involving pre-existing conditions?
You can take several steps to strengthen your car accident injury claim when you have a pre-existing condition.
First, gather all your medical records, both from before and after the crash, to show how your condition worsened.
Second, consider seeking out specialists who can provide detailed opinions on how your car accident affected your health.
Additionally, keep a personal record of your symptoms and how they have changed since the crash. This can include noting any new limitations in your mobility, increased pain, or changes in your ability to perform everyday tasks.
Get a car accident attorney to protect your rights
Don’t let a pre-existing condition stand between you and the compensation you deserve after a serious car accident. Whether you’re just starting your claim or facing pushback from insurance companies, now is the time to act.
At Romanow Law Group, our experienced Pittsburgh car accident lawyers know how to build strong cases, even when pre-existing conditions are involved. We’ll help you gather critical medical evidence, collaborate with expert witnesses, and negotiate fiercely with insurance companies to ensure you get fair compensation for your medical bills and other accident-related expenses.
Don’t delay—contact us online or call us today for a free consultation. We’ll be glad to provide honest answers to any questions you have and discuss your potential legal options moving forward.
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