When a person experiences a car crash or other incident, he or she may experience a worsening of what is called a preexisting condition. A preexisting condition may be a chronic illness like rheumatoid arthritis or may be a prior injury that never fully healed. Understanding what constitutes a preexisting condition is important as a preexisting condition may impact how much a person can recover in a personal injury claim.
When an individual with a preexisting condition is involved in an accident, the injury claim becomes more complex. Insurance companies and defense attorneys may argue that the preexisting condition, and not the accident, actually caused the outcome. As a result, they may claim that the victim should be entitled to less compensation.
Filing a claim if you have a preexisting condition
Addressing preexisting conditions often requires a carefully crafted case prepared by an experienced advocate. The attorney might present medical evidence or expert witnesses to clarify the relationship between the incident and the harm suffered. The goal is to demonstrate that the preexisting condition is not what caused the ultimate harm, but the accident actually did.
Preexisting conditions can complicate personal injury claims, but an effective personal injury attorney can help victims get the compensation they deserve.
