The Impact of Pre-Existing Health Conditions on Personal Injury Claims in Indiana
If you or somebody you care about has been injured due to someone else's careless or negligent actions, and a pre-existing condition is being used to deny them compensation, it can be incredibly disheartening.
However, no matter how bleak the situation may seem, an experienced Indiana personal injury lawyer can help fight for your rights and secure the compensation that is owed, no matter what pre-existing condition you are faced with.
What Is Considered a Pre-Existing Injury or Condition?
Injury is a common occurrence in our lives and has the potential to cause a wide range of physical and emotional issues. In some cases, these injuries can be overlooked or ignored until they are brought up again by an insurance carrier following an accident.
Here are some of the conditions that are considered pre-existing conditions when filing a claim for personal injury in Indiana:
● Prior Back Injuries
● Joint Pain
● Brain Injuries
● Respiratory Illnesses
● Cardiovascular Diseases
● Repetitive Stress Injuries
● Arthritis
How Do Pre-Existing Injuries Affect Injury Claims?
Let’s face it, insurance companies are seeking profit. So, the insurance carrier’s investigation will also look for pre-existing medical conditions that may cause the injury or illness so that no money will need to be paid to you.
For instance, if a person claims to have suffered a back injury, the insurance adjuster may look for prior injuries or medical conditions that could explain the current pain and suffering. They will also review existing documents to determine if they can limit how much money they pay in a claim settlement.
Ultimately, their goal is to reduce their financial exposure by minimizing how much money they are required to pay out in an insurance claim settlement. To successfully receive compensation for a pre-existing injury that has been worsened due to an accident, it is necessary to provide evidence of this link between the two incidents.
Proof may include medical records that show the severity of the injury before and after the accident, as well as witness statements and photographic documentation of any visible changes in the condition. It is also beneficial to have a detailed timeline of events leading up to and following the accident to establish a clear narrative.
The bottom line is that if the pre-existing injury can be shown to be exacerbated by an incident that is not your fault, then you may be eligible for compensation under personal injury law.
When Should You Seek a Lawyer’s Assistance?
Filing a personal injury claim when you have a pre-existing condition can be intimidating, but it doesn’t have to be. With the help of an experienced personal injury lawyer, you can negotiate through any insurance or legal issues that arise and get the compensation you deserve.
An attorney will work with you to understand your medical history, the extent of your injuries, and all related expenses so they can fight for your right to receive fair compensation for your suffering. They can manage paperwork and court proceedings while providing emotional support throughout the process so that you can focus on recovering from your injuries as quickly as possible.
With a dedicated personal injury lawyer advocating on behalf of your rights, you can feel confident in protecting yourself against unfair insurance companies or other parties involved in your case.
Can You Still Recover Compensation?
When filing a claim, obtaining reliable medical evidence to support your case is essential and the key to recovering compensation for injuries with a pre-existing condition. The medical testimony and documentation provided by your doctor can help strengthen your case and give you an edge in court proceedings.
If you suffer from pre-existing conditions that any accident has exacerbated, the defendant may still be held accountable for any negative repercussions from such exacerbations.
Even though these pre-existing issues may complicate things, having comprehensive medical records will make all the difference when presenting your case. This means that any pre-existing condition has no bearing on whether a person may receive compensation for their current condition and should be able to seek legal restitution.
This could include obtaining compensation for medical bills, rehab costs, lost wages, property damage, and other damages resulting from the incident, such as pain and suffering. In addition, this repayment would cover any other financial losses incurred in the process of recovering from the injury.
Victims need to understand that their history of medical issues does not strip away their right to seek damages for injuries and illnesses that were caused outside of their control.
The Bottom Line
It is important to be aware of the impact of pre-existing health conditions on personal injury claims in Indiana. While the law permits individuals to pursue a claim even if they have a pre-existing condition, it is nevertheless important to make sure that any doctors you see are fully aware of your condition and that you accurately disclose this information when filing your claim.
Doing so will help ensure that your rights and interests are protected and that you receive full compensation for any injuries or losses sustained due to the negligence of another individual.
