Most people remember when pre-existing conditions significantly impaired a person’s ability to get the medical care they needed. Insurers could use pre-existing conditions to limit or deny coverage when changing insurance carriers or providers. An issue that still plays a significant role in Pre-existing Condition Car Accident Claims today, often complicating injury compensation and liability decisions.
Did you know pre-existing conditions can also impact a car accident settlement in South Dakota today? Pre-existing conditions can complicate car accident claims. They can make it much more challenging to recover the money you need to cover your medical expenses. When you understand how a pre-existing condition affects your claim, you can take proactive steps to protect yourself and seek maximum compensation for your injuries.
How Pre-Existing Conditions Impact Accident Claims
Pre-existing conditions are medical issues, injuries, or health problems that an individual was diagnosed with before a Watertown car accident or other incident. These conditions are more susceptible to injury and aggravation following a traumatic incident like a car accident, which can complicate Pre-existing Conditions Car Accident Claims and affect compensation.
While the accident may not have initially caused the injury, it can make it significantly worse, necessitating additional treatment and medical care. Pre-existing conditions can also alter a person’s prognosis after a collision, limiting a person’s medical and rehabilitation options and slowing healing.
Pre-existing conditions make recovering compensation from a car accident claim in South Dakota much more challenging. While it doesn’t prevent you from seeking compensation for your injuries, it can limit the compensation you can recover.
Aggressive insurance adjusters often attempt to attribute your pain and injuries exclusively to the pre-existing condition to avoid liability and diminish your compensation. This strategy and others use a pre-existing condition against you unless you have ample medical documentation to back up the worsening or aggravation of your injury due to the accident. However, the eggshell plaintiff rule means victims must be compensated for their injuries, even when a pre-existing condition makes them more susceptible to injuries than other healthy individuals.
Accident Worsened a Pre-Existing Condition
The most effective way to get the compensation you deserve for your injuries is to prove that a Watertown car accident worsened a pre-existing condition. You cannot recover money for the original injury. Still, you can recover compensation if the accident worsened your condition or caused additional injuries, highlighting the role of pre-existing conditions in injury claims.
Some of the most common pre-existing conditions that can impact car accident claims in South Dakota include:
- Back or neck pain
- Herniated discs
- Degenerative diseases
- Arthritis
- Osteoporosis
- Broken or previously broken bones
- Mobility issues
- Soft tissue injuries
- Diabetes
- Heart problems
- Anxiety
Proving that a car accident aggravated a pre-existing condition takes extensive documentation. Your current and previous medical records are vital to establishing the extent of your pre-existing condition and how that condition changes following a Watertown car accident. While medical documentation is critical to supporting your claim, other evidence can help show how the accident may have affected you and worsened your condition. Proof that an attorney can use to help build a solid claim can also include:
- Police report
- Witness statements
- Photos and videos from the scene
- Surveillance or dash camera video
- Expert witness testimony
Medical professionals’ expert witness testimony can also be vital to helping paint a complete picture of how the accident made your condition worse. The insurance company, a for-profit entity, is going to want to argue that your pre-existing condition is the sole cause of your poor health, not the accident. This tactic allows them to diminish your compensation and avoid liability for medical bills. You need to show that while you were diagnosed with a pre-existing condition, the impact and trauma of the accident aggravated your injury, made you more susceptible to future injuries, or impacted the speed and prognosis of your recovery.
Strengthening Claims Tips Involving Pre-Existing Conditions
Fortunately for accident victims with pre-existing conditions, there are proactive steps that can help them build a compelling claim for maximum compensation for their injuries. Some of the ways you can strengthen your position and demonstrate that you deserve fair compensation for your injuries include:
Be Honest About Your Injuries
Always be transparent about your pre-existing conditions or previous injuries. Although many people hide their pre-existing conditions, doing so or refusing to admit to having a pre-existing condition is worse. It damages your credibility and can jeopardize your claim.
Seek Immediate Medical Attention
Get immediate medical attention for your injuries after an accident. The trauma of an accident can worsen old injuries and create new ones. You need medical documentation outlining the extent of all your injuries, new and pre-existing. Additionally, not seeking medical treatment right away can signal to an insurance company that your injuries are not as severe or debilitating as you claim.
Stick to Your Doctor’s Treatment Plan
Follow your doctor’s treatment plan carefully. That means taking all medication as prescribed, using assistive devices when needed, and keeping follow-up appointments. If you don’t follow treatment advice, it appears to an insurer that your injuries are insignificant and do not cause pain or affect your daily life.
Keep Detailed Records
Keep detailed records of your medical expenses and bills. Additionally, journal about how your injuries impact your home and work life.
Stay off Social Media
Stay off social media until your claim gets resolved. While it is wise to never post about the accident itself, even harmless posts can hurt you. A post showing you smiling at a birthday party or enjoying a day at the beach can potentially be used to show that your injuries do not seem to be causing you pain or inconvenience.
Contact a Watertown Car Accident Attorney
After an accident, it is always in your best interest to contact a Watertown car accident lawyer as soon as possible. They can help you manage the nuances of a claim involving pre-existing conditions.
Seek Help from a Watertown Car Accident Attorney
Many people fear that they won’t get the money they need because they have a pre-existing condition. While a previous condition can make recovering the money you deserve more challenging, a Watertown car accident attorney with Turbak Law Office, P.C. can help. They understand insurers’ tactics to diminish your claim and can advocate for you. We fight to earn you maximum compensation for your injuries.
Contact or call our office today at 605-886-8361 to arrange a free consultation and learn more about legal strategies for pre-existing conditions.
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