Any accident ranging from a slip to a car crash has damaging impacts on an individual. It results in injuries that last a lifetime or a few months, considerable hospital bills, loss of personal occupation, confidence, and self-esteem, the pain, and much more damages.
The loss is not that bad for an individual, but with a pre-existing condition, they are a blow. Why this is the case? The accident may make your condition worse; any other attacks on your health may not recover following normal or regular patterns creating a worse situation. If the accident wasn’t an act on your part, then you have a right to sue and recover damages.
However, the process requires careful consideration. Insurance companies fight hard to keep from paying damages, especially with pre-existing conditions. Your only way out is through a personal injury attorney from DGR Law Firm. We are professionals that bring forth evidence that an injury to your person occurred as a result of the accident of a car crash. Therefore, there is a need for fair compensation.
Pre-Existing Condition: What Is It?
The term refers to health deficiencies, both physical and mental that a client has before the crash took place. Suffering from continuous back pains for a long time sums it as an existing condition. In case of a slip and fall, the back pains are a pre-existing condition.
Let’s take another practical look. A person has arthritis, ‘a medical condition that affects one’s bones and joints, causing pain.’ One cannot state that the condition resulted from an accident they suffered. However, one can indicate to what extent the medical condition becomes worse as a result. Depression becomes heightened if a person happens to be in another traumatic situation like a crash.
Why Insurance Pounce on Pre-Existing Conditions
Personal injury claims are too numerous to countenance payment for an insurance company. Sometimes, they actually do not take place. Making it the main reason why insurance companies start an immediate investigation into the claim.
They aim to identify whether the claimant had such a condition before the injury. Their efforts aim at reducing their liability and thus, the damages. Frankly, if such a situation existed, the insurance company pays less or reduces it to the least amount.
Based on this assumption, it is best to have an attorney at your side to help you dig into your policy and see if there is a way to file a claim that can you the best compensation possible against your insurance.
Disclosing a Pre-Existing Condition
Don’t feel defeated because you may have a pre-existing condition. Be upfront and disclose any existing condition you have, don’t hide any details.
Minimizing the details you give will lead to their disclosure in a court case. You will lose credibility, and insurance companies will reduce your worth in damages. Besides, accidents lead to other damaging outcomes, like making your condition worse. In that case, you gain more ground for fair compensation; the amount in damages increases.
Eggshell Plaintiff Theory
In every situation where claims against insurance for pre-existing conditions, insurance companies use the pre-existing condition to disclaim or pay you less. It is where the Eggshell plaintiff theory comes to play.The theory states that an insurer has to consider a claimant’s health condition as it is. It means that they have no right to discount your claim because you have a pre-existing condition. Even though the injury makes you more prone to attacks and injuries than an average healthy individual, you still retain your rights to fair compensation.
However, having a doctor ascertain your condition is a prudent step. If the situation does worsen, have it indicated in your medical documents. Ensure there are adequate explanations on how the accident impacted yourself and the condition.
Why Should You Get An Attorney?
Personal injury claims with a pre-existing condition can become a complicated case. Having the services of our team can help to lessen the load. Our responsibilities range from collecting the necessary health and medical documentation as evidence, enhancing your chances of receiving the right compensation, and extinguishes the opportunity for denial. Your rights to the claim remain intact.
Contact DRG Law Firm for a personal injury lawyer NOW to receive your Free Injury Claim Evaluation.