Effects of an Injury Claim With a Pre-Existing Condition
Yes, pre-existing conditions can affect an injury claim in Vacaville as elsewhere. If someone has a pre-existing medical condition and suffers a new injury, it can complicate their claim. Insurance companies may argue that the person’s pre-existing condition was the cause of their current injury or that the new trauma is not as severe as claimed.
Proving the Injury Is Different
In such cases, the injured person has the burden of proving that the new injury is separate under CACI 3927 and distinct from the pre-existing condition. The person may need evidence such as medical records and expert testimony to support their claim. The evidence may show that the person’s pre-existing condition was stable and did not cause any symptoms before the new injury occurred.
Disclose Any Pre-Existing Conditions That May Affect Your Injury Claim
When seeking treatment for your injury, it is essential to disclose any pre-existing conditions to your attorney and medical providers. This information can help them understand your medical history and develop a strategy to handle any challenges that may arise in your injury claim.
What Strategies Can a Lawyer Use When a Client Has a Pre-Existing Condition?
When an individual has a pre-existing condition, a lawyer can use several strategies to strengthen their client’s injury claim, including:
- Establishing causation: The lawyer can gather medical evidence to establish that the client’s current injury directly results from the accident and not the pre-existing condition. Medical experts can provide testimony to support the causation argument and explain how the accident aggravated or worsened the pre-existing condition.
- Focusing on the aggravation of the pre-existing condition: The lawyer can argue that the accident exacerbated the client’s pre-existing condition, causing them more pain and suffering than they would have experienced if they did not have the condition. In this way, the lawyer can seek compensation for the aggravation of the pre-existing condition.
- Demonstrating that the pre-existing condition was stable: The lawyer can gather evidence to show that the client’s condition was not causing any symptoms before the accident. This evidence can be used to establish that the accident caused the client’s new injuries.
- Challenging the insurance company’s arguments: The lawyer can anticipate and refute any arguments made by the insurance company that attempt to minimize or deny the client’s claim due to their pre-existing condition. For example, if the insurance company argues that the client’s injuries were caused by their pre-existing condition, the lawyer can provide evidence.
- Presenting a strong case for damages: The lawyer can work to demonstrate the full extent of the client’s injuries, including the impact of the pre-existing condition on their overall health and well-being. The lawyer can also work to demonstrate the economic damages resulting from the accident, including medical expenses and lost wages.
A lawyer can use a combination of strategies to help clients with pre-existing conditions pursue compensation for injuries sustained in an accident. It is essential to disclose any pre-existing conditions to your lawyer and work with them to develop a strategy tailored to your situation.
Vacaville Personal Injury Lawyer
I’m Ed Smith, a Vacaville personal injury lawyer. When you’ve been injured in an accident and suffer from a pre-existing condition, having the help of a lawyer who can challenge arguments by insurance companies and in court is necessary to obtain the compensation you deserve. Contact us for free and friendly advice at (707) 564-1900 or (800) 404-5400. We can also be contacted online.
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Here are a few examples of the compensation our injury lawyers have recovered for our clients:
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