A personal injury claim occurs when someone else’s negligence causes you to suffer injuries and losses. If you already have an injury, such as a previously treated bad back, that does not automatically mean you do not qualify for a personal injury claim. Rather, you must understand how pre-existing conditions affect a personal injury claim.
It is wise to hire a Nashville personal injury attorney if you are one of the many people who have a pre-existing condition. That helps minimize the risk of the insurance company pressuring you into settling for less than you have.
What Is a Pre-Existing Medical Condition?
A pre-existing condition refers to some type of physical or mental health condition or issue that a person had prior to being hurt in the most recent accident. It may be an existing and documented health problem, whether that is an injury, illness, or disease. It is not uncommon for people to have a pre-existing health condition. The Department of Health and Human Services reports that up to 129 million Americans have such conditions.
Some of the most common pre-existing conditions that insurance companies could try to turn on you for include:
- Chronic back pain
- Previous incidents of respiratory conditions
- Back or neck conditions from degenerative conditions
- Poor posture-related spinal cord injuries
- Diabetes
- Extreme obesity
- Cancer
- Pregnancy
- Sleep apnea
Some of these conditions may not seem to have anything to do with your injury and accident right now. However, insurance companies may try to twist things around to create some level of speculation, which can be a tactic to delay or deny valid claims. For example, if you have diabetes, and you feel, perhaps it was because you were dizzy at the time or your poor posture caused you to lose your balance, not the faulty step.
How Pre-Existing Conditions Can Impact Your Right to Compensation in Tennessee
It is important to know that the at-fault party is only financially responsible for the damages they cause to your injury. For example, they are liable only for the medical expenses related to the new injury, not to previous injuries. This is where the process can become very difficult. You must show that you are submitting a claim for losses you would not have had if the accident had not happened.
In most situations, it becomes the responsibility of your personal injury attorney to prove that you were suffering losses not related to your pre-existing condition or losses that were amplified because of the negligence of the at-fault party.
To prove this, your Nashville car accident attorney will work quickly and aggressively to demonstrate how the current accident caused your injuries.
- Did the current accident worsen your condition?
- Is there evidence that supports that you would not have been in that accident or suffered any injury if the party had been careful?
- Do you have medical bills that stem directly from the current injuries and losses?
Working through these steps is necessary, and your experienced Nashville motorcycle accident attorney will help you do so. Do not hide the fact that you have previous injuries, but you also do not have to provide deep details. Let your personal injury attorney guide you in determining the extent of your claim and the legal strategies you can use to hold the at-fault party accountable for the losses you have incurred.