A car or truck accident, fall on public or private premises, medical malpractice, animal attack, or injury caused by a defective product are all serious matters. When victims are hurt in these instances due to the oversight or negligence of another, financial recovery is available. When making a demand for reimbursement a victim will prove their damages by presenting evidence of the injuries suffered in the accident. In some cases the other party will deny payment and argue that your illness or condition existed prior to the accident. This is referred to as a pre-existing condition and it is critical to understand how your case is impacted by the existence of a prior injury.
A pre-existing condition is one that existed prior to the accident taking place. The party you are suing will attempt to claim your recovery should be limited due to the condition, but the extent to which a pre-existing condition affects your case varies. For instance:
- If an accident aggravated a pre-existing condition, you can still seek compensation for the injuries. A negligent driver, employer, doctor, or other entity is not allowed to escape liability when a condition is made worse due to their bad acts.
- If you were currently seeking treatment for a pre-existing condition but now need additional therapeutic services, the liable party is responsible for the extra care needed.
- If you have rare medical conditions that make an injury more likely, the liable party will still be held accountable for your injuries even if another person would not have been as badly injured in similar circumstances.
Of course the key to any injury case is to make a timely claim and pursue every avenue of recovery available. When this includes pre-existing injuries, the help of a qualified personal injury attorney is even more vital. Defining what conditions you may or may not have had prior to an accident impacts your final recovery amount, and a clear explanation is required to overcome a claim that you are not entitled to compensation. Our team handles cases with all sorts of fact patterns, and knows how to deal with pre-existing conditions in a way that does not harm the eventual outcome of your case.
If you have been in an accident and suffered an injury, call the attorneys at Yetnikoff Law Offices, PLLC right away for help. Call us at 800-279-6331 or visit us online for more information.