Being involved in a car accident can result in a wide range of physical, financial, and emotional damages. Securing compensation for these damages is essential to your recovery and long-term well-being. Unfortunately, auto insurers will do everything within their power to limit your ability to recover compensation for a car accident.
If you have a pre-existing condition, the insurance company may try to exploit that fact to deny compensation altogether. Do not leave your compensation up to chance, schedule a free consultation with Corban Gunn, Attorney at Law to discuss how pre-existing conditions are handled in a car insurance claim.
What Is a Pre-Existing Condition?
In terms of a car insurance claim, a pre-existing condition is a medical condition that existed prior to the accident. Some of the most common pre-existing conditions that affect people in Biloxi, MS include:
- High blood pressure
- High cholesterol
- Chronic lung disease
- Sleep apnea
- Congestive heart failure
Not all of the above chronic conditions will be of concern in a car accident claim. However, if you have a pre-existing condition and were injured in a car accident, it is paramount that you speak with both a knowledgeable car accident attorney and a medical professional as soon as possible. These professionals will help you document your injuries and determine whether they were caused by the crash.
Can I Get Compensation for a Car Accident if I Have Pre-Existing Conditions?
It is possible to recover compensation for car accident injuries even if you have pre-existing conditions that affect your physical or mental health. You may only be awarded compensation for damages directly caused or worsened by your accident, though.
When you have pre-existing conditions, securing compensation for your car accident injuries can be a challenge. It is essential that you prove that your accident-related injuries did not exist prior to the crash. You may be able to receive financial compensation if your pre-existing condition was significantly worsened or aggravated by the accident and it was not expected to otherwise progress to that point on its own.
How Can I Prove My Car Accident Injury Wasn’t a Pre-Existing Condition?
Your medical records will likely hold the key to proving that your car accident injury was not a pre-existing condition. When you meet with your car accident attorney, bring copies of your medical records so that they can review them for evidence. It will be up to you and your lawyer to prove that your injury did not exist prior to the collision.
You may also benefit from working closely with your doctor or another medical professional to prove that your current conditions are related to the crash and not your pre-existing condition. This may involve undergoing additional physical evaluations, imaging tests, and lab tests.
Never try to hide the existence of a pre-existing condition when seeking compensation for a Biloxi car accident. If you do and the condition is discovered later on, the insurance company may try to claim that you were purposely hiding the fact and that your accident injury actually existed before you were ever involved in the collision.
However, exercise caution when speaking with an insurance adjuster about your medical condition. Your words may be purposely twisted and misconstrued to make it more difficult for you to win your car accident claim. Ideally, refer all questions about your medical condition, health, or injuries to your accident attorney.
What if the Insurance Company Tries To Limit My Compensation?
The at-fault driver’s auto insurer will likely try to claim that your medical condition is solely related to your pre-existing condition. If they can successfully argue that your prior health conditions are to blame for current injuries, you will not be able to recover compensation for your damages.
To be awarded compensation for car accident injuries, you must prove that each of the following elements is present in your case:
- That another driver violated their duty of care toward you and caused an accident.
- That the accident caused you to suffer physical injuries.
- That you suffered financial damages because of your injuries.
If the insurance company can dispute that your injuries were the result of the accident, you may be left to shoulder the burden of your injuries on your own. As soon as you secure the services of a lawyer, refer all questions from the insurance company to them. A good car accident attorney will take over all communications and negotiations with the insurance company and will know how to avoid being bullied or tricked into admitting fault or saying something that compromises how much compensation you can receive.
Can I Get Compensation if a Car Accident Worsens My Pre-Existing Conditions?
Car accidents have the potential to worsen pre-existing conditions. If you are experiencing a worsening of your current medical conditions because of another driver’s negligent or reckless behavior behind the wheel, it is possible to pursue compensation for any resulting damages.
When considering whether you are owed compensation for the worsening of a pre-existing condition, your attorney will look at two main factors:
- If your pre-existing condition would have worsened on its own at the same rate had you not been involved in an accident.
- If the worsening of your pre-existing condition has caused you to suffer physical, emotional, or financial damages.
If the above two elements are met, you have a legal avenue to recover compensation in a personal injury claim. This is not a challenge that the average person can meet on their own, though. The insurance company will do everything possible to limit liability and deny your claim, and the presence of pre-existing conditions is one of the most common excuses insurers use to refuse you compensation.
Working closely with a car accident attorney and the backing of a medical professional who is willing to testify on your side will improve your chances of receiving the full and fair compensation you are owed.
Handling Complex Car Accident Cases in Biloxi, MS
Car accident injury cases involving pre-existing conditions are especially complex. Any misstep in the filing of your claim could result in losing your legal right to recover compensation for your damages. This is not an outcome that Corban Gunn, Attorney at Law wants to happen to you. We know how pre-existing conditions are handled in a car insurance claim and are prepared to fight for your right to compensation.
If you have a pre-existing condition and were injured in a car accident, contact our Biloxi, MS office today to schedule your complimentary case evaluation. We never charge a fee for the first meeting, and there is never any obligation to continue working with our law firm unless you feel that we are the best fit for your car accident case.