There are many incidents where people get involved in car accidents with pre-existing injuries or illnesses. You may think you do not have a claim if you already had injuries before the car accident happened. However, you might be mistaken. Just because the accident did not give birth to new injuries does not mean they cannot worsen the old ones.
The law lets you file a compensation claim for aggravated injuries after a car accident. However, the defense and the insurance company may give you a hard time after discovering pre-existing conditions. A Tucson auto accident attorney can fight with the defenses on your behalf and seek the compensation you truly deserve. If you want more information, click here for more information.
What is a pre-existing condition?
In personal injury space, the term “pre-existing condition” refers to any injuries, illnesses, or conditions that you had acquired before the occurrence of the accident.
This means that the accident had no part in causing those injuries, and you would not be compensated for them. However, if the accident had aggravated those specific injuries, you can recover compensation for that.
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Do existing injuries affect car accidents?
Existing injuries and illnesses in a car accident are considered as the individual’s unique traits and characteristics, and these traits should not prevent you from pursuing a compensation claim. If you have acquired additional injuries as a result of the car accident or the accident has worsened your conditions, you are entitled to compensation.
Additionally, if you have acquired mental trauma and other psychological issues, such as depression and anxiety, you may be able to recover compensation.
Therefore, you should never feel discouraged about filing a claim or a lawsuit just because of a pre-existing condition.
Do not hide your medical history
Many people believe that they may not get compensated for their aggravated injuries if they disclose their medical history. Because of this, they do not inform their attorney about their existing injuries. However, doing this will only cause more damage.
Eventually, you would have to release records of your medical history. Expert witnesses of the defense party can easily detect pre-existing injuries from your records and accuse you of fraud. This can further weaken your case and potentially make you lose all your chances of recovering compensation.
An attorney can help
As you can imagine, the defense party and the insurance company will try their best to investigate your medical history to find any piece of evidence that can lower the compensation. They may even point out the fact that your injuries were pre-existing and make that a factor for paying you less money than you deserve.
This is why hiring a skilled attorney is so essential. An attorney can fight with the insurance company and fight for your rights.
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