Pre-existing conditions can have a significant impact on your personal injury case. When you are involved in an accident and suffer injuries, insurance companies and defense attorneys will often try to use any pre-existing conditions you may have as a way to minimize or deny your claim.
Having a pre-existing condition does not mean that you cannot recover damages for injuries sustained in an accident. However, it does complicate the process and can make it more challenging to prove the extent of your injuries and the impact they have had on your life.
Insurance companies will typically argue that your pre-existing condition is responsible for the majority of your current symptoms, rather than the accident itself. They may claim that you were already experiencing pain or limitations before the accident occurred, and therefore should not be entitled to compensation for those same issues.
In order to counter these arguments, it is important to provide thorough documentation of both your pre-existing condition and how it has been affected by the accident. This may include medical records showing the progression of your condition over time, as well as expert testimony from healthcare providers who can attest to the connection between the accident and your current symptoms.
It is also crucial to be honest about your pre-existing conditions from the outset of your case. Failing to disclose this information can seriously damage your credibility in court and may result in a dismissal of your claim altogether.
If you do have a pre-existing condition that has been exacerbated by an accident, you may still be able to recover damages for any additional harm caused by the incident. For example, if you had back pain before a car injury lawyer near me crash but now require surgery due to worsening symptoms, you could potentially recover compensation for those surgical expenses.
Ultimately, whether or not a pre-existing condition will impact your personal injury case depends on several factors, including how well-documented it is and how significantly it has been affected by the accident. Working with an experienced personal injury attorney can help ensure that all relevant information is presented in court and increase your chances of receiving fair compensation for your injuries.
In conclusion, having a pre-existing condition does not necessarily bar you from recovering damages in a personal injury case. However, it does add complexity to the process and requires careful documentation and legal representation in order to successfully navigate potential challenges from insurance companies or defense attorneys.
The Bruner Law Firm
110 Eglin Pkwy SE, Fort Walton Beach, FL, 32548
(850) 660-8857