Theoretically, a pre-existing injury or condition should not have negative effects on personal injury claims. But, insurance providers use excuses, including pre-existing conditions, to devalue claims or deny benefits. If you are injured in an accident because of someone else’s negligence, you must know your rights as a claimant. You must work with a Winchester personal injury lawyer to help you pursue a successful claim if you have a pre-existing condition.
What are Pre-Existing Conditions?
Pre-existing conditions are medical conditions you were diagnosed with before you file a personal injury claim. They include illnesses, injuries, genetic conditions, and disorders. Common examples of these conditions include diabetes, arthritis, disc herniation, high blood pressure, depression, back injuries, and others. If your medical records show that you suffer from any of these conditions, you must expect the insurance process to be even tougher. Insurance companies will use your pre-existing condition against you.
How a Pre-Existing Condition Can Affect Your Recovery
Just because you have a pre-existing injury or condition doesn’t mean you are automatically prohibited from recovering compensation. Having this condition doesn’t mean your accident didn’t impact you. Although it is not possible to recover compensation for the pre-existing condition, you can recover for the effect of the accident on your pre-existing condition. According to the Eggshell Skull Rule, even if you suffered from a pre-existing condition that made you more prone to severe injuries or losses than others, the person responsible for your injuries should pay for the full extent of your damages.
How Pre-Existing Conditions are Handled by Insurers
It is not surprising for insurance companies to try to use your pre-existing condition to avoid paying a huge amount to claimants. For example, they may allege that the injuries you are seeking compensation for were pre-existing. You may have to provide evidence to prove the recent accident aggravated your pre-existing condition or injury. This evidence includes medical records, photos and videos, letters from your treating physician, eyewitness statements, and medical expert testimony.
You should never hide your pre-existing condition during an injury lawsuit. If you don’t report this injury to the insurer, you could be charged with insurance fraud, which can bar you from recovery financial compensation. Also, you could face a criminal charge. Instead of trying to hide your condition, report to the insurance provider upfront and submit related medical records to support your claim.
In addition, you must not sign anything that the insurance company may ask you to before you consult an injury lawyer. One of the documents the company may try to make you sign is a medical record lease form. Usually, this form applies to your entire medical history. When you sign this form, you provide the company with the opportunity to search for pre-existing conditions not related to your current claim.