Can a Pre-Existing Condition Affect My Car Accident Claim?
If you or somebody you love has been injured in a car accident caused by the actions of another driver, you should be able to recover compensation for your medical expenses. However, if you have a pre-existing injury of any kind, there is a chance the insurance carrier or the legal team for the at-fault party will try to use your pre-existing injury against you. Here, we want to discuss whether or not a pre-existing injury can alter how much compensation you receive in the aftermath of an accident caused by another driver.
What Will a Pre-Existing Injury Mean for My Claim?
If you have a current injury claim against another party, but you also have a pre-existing injury, there is a good chance that your pre-existing injury will play a role in the current case.
Most individuals have experienced some type of injury at some point during their lives. Think back to your own life and ask yourself, “Has there ever been a time when I sustained an injury that required medical care?” Most individuals are able to answer “yes” to that question. This can include any injury caused by a traumatic incident, previous surgeries, or even a chronic injury that affects a person’s day-to-day life.
Even though prior injuries may not seem like a big deal, they are when insurance carriers and other parties try to use them against you if you have a current injury claim. If you sustain an injury caused by the negligent, intentional, or careless actions of another individual or business, the reality is that you should be able to recover compensation for your current injuries. However, it is an incredibly common tactic for insurance carriers and at-fault parties to try and gain access to your complete medical records so they can see if you have sustained any pre-existing injuries. What they are doing is trying to see if these pre-existing injuries could explain your current signs and symptoms (to take away the weight of the current injury claim against them).
The Pre-Existing Injury Should Not Matter
The reality is that the existence of a pre-existing injury should not affect your current injury claim. Regardless of whether your injuries are all new and have nothing to do with your prior injuries or if the prior injuries are aggravated by the current incident, the fault still falls to the other party for causing you pain and suffering.
We strongly encourage you to disclose your pre-existing injuries to your attorney so they have a heads up as soon as possible. The existence of a pre-existing injury does not mean that you will receive no compensation, but your attorney can begin to formulate a plan for if the other side does discover pre-existing conditions to try to use against you.
If pre-existing injuries were a valid reason to deny a current injury claim, then nobody would really ever be able to recover compensation if they have ever been harmed in the past. That is simply not feasible.
Working With an Attorney
If you or somebody you care about has sustained an injury caused by the negligent actions of another party, you need to reach out to a skilled personal injury lawyer in North Carolina immediately. An attorney can get involved in the case and begin gathering the evidence needed to prove liability. Even if the other side tries to use pre-existing injuries against you, your attorney will push back and work to secure maximum compensation on your behalf.
Contact our Raleigh car accident lawyers today.