Can A Pre-Existing Condition Affect Your Auto Accident Claim?

Auto accidents are not uncommon in the United States as it is one of the busiest countries in terms of road traffic. Numbers provided by Statista reveal that around 6.5 million crashes occurred in the United States in 2015 alone, involving injuries, fatalities, and property damages. When a person is involved in an auto accident and sustains injuries, the last thing that they want is to deal with insurance providers who are seeking ways to reduce the amount of their claim. There are many methods and techniques that they can use in order to lower the amount of financial compensation to a plaintiff.

Amongst others, the most common way used by insurance providers to achieve this is by using medical history of a victim. In case if an individual’s medical records show a pre-existing condition, it is possible that the insurance company may try to argue that the injury was not sustained or perhaps minimal damage was caused due to the accident. However, an auto accident can make the condition of an existing injury much worse. Examples of common pre-existing medical conditions may include history of broken bones that have healed, lower back strains, fibromyalgia, arthritis, injuries related to knee, shoulder, or brain, amongst others.

How Can An Auto Accident Lawyer Help You To Obtain Rightful Compensation?

An insurance provider has no right to deny your claim merely due to the fact that you have a pre-existing condition. A legal concept called “Eggshell Doctrine” states that in cases pertaining to aggravated pre-existing conditions, a victim has a right to seek compensation for their injuries, provided that their prior condition was stable and there was no reason to believe that their previous condition would get any worse.

The Eggshell Doctrine is used in majority of cases where a victim has a history of medical condition or a pre-existing injury that makes them more vulnerable and exposed to injuries compared to a regular person. This doctrine prevents an insurer from using your pre-existing condition as grounds to withhold compensation or proposing a lower settlement offer.

Therefore, if you happen to suffer injury from an auto accident, it can be highly beneficial to acquire services of an experienced auto accident lawyer. They will help you to obtain rightful compensation for your pain and sufferings by collecting evidence related to your case such as nature of accident and your medical history.

A skillful auto accident lawyer will also obtain physician notes indicating that your injuries were a result of an accident and not your prior underlying condition. Due to their vast knowledge of laws and better negotiation skills, your auto accident lawyer will be able to defend your rights much effectively and seek compensation that you are rightfully entitled to obtain due to the accident.

If you or your loved ones have suffered from an auto accident and wish to know more about this subject or schedule a consultation, then contact I Am Calling My Lawyer at 888-841-4878 to talk to an experienced personal injury lawyer.

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