Can a Pre-Existing Condition Impact a Car Accident Claim?
When involved in a car accident, the last thing a victim wants to deal with is their insurance provider trying its best to offer the lowest compensation possible. Insurance companies employ various tactics to pay you as little as possible; therefore, it’s critical that you know how to deal with them in advance.
When it comes to obtaining compensation for your medical bills, it’s important to know that a pre-existing medical condition can influence your case, as insurance companies look into your medical history in order to find any prior medical condition. They use this as a justification to pay you a lower amount of compensation.
What is a Pre-Existing Medical Condition?
Any medical illness or injury that you have from before the accident is considered a pre-existing medical condition. If you were involved in a high impact car accident, there is a chance that your pre-existing condition may flare up or get worse.
Some common pre-existing medical conditions that may get aggravated due to a car accident include asthma, arthritis, fibromyalgia, herniated discs, type-2 diabetes, heart conditions, brain injuries, back strains, shoulder injuries, among many others.
Legal Right to Compensation—The Eggshell Doctrine
Under the legal concept known as the Eggshell Doctrine—commonly known as “take your victim as you find them” rule—a victim has a legal right to seek financial compensation for their medical bills and their pre-existing condition cannot take that right away from them.
Therefore, a car accident victim cannot be denied compensation for their medical bills simply because they have a pre-existing medical condition that made them more vulnerable to injuries. For example, a person suffering from a herniated disk is more likely to pick up an injury than an individual who doesn’t have a pre-existing medical condition.
Under the Eggshell theory, an insurer cannot reduce the amount of financial compensation by using a pre-existing medical condition—in this case, the herniated disk—as an excuse or justification.
Compensation for Medical Bills
The court evaluates your recent medical history and a physician determine whether the injuries were caused due to a pre-existing condition or an accident. A delay in seeking medical treatment provides your insurer with the opportunity to reduce your due compensation.
Therefore, the first step you should take after you suffer from a car accident is seeking immediate medical attention to nullify the chances of the insurance provider undermining your claim. Moreover, it’s crucial that you hire the services of an experienced and qualified auto accident lawyer.
Your attorney will make sure that your legal rights remain protected by invalidating the strategies used by the insurance provided to reduce the amount of your rightful compensation. If you’ve proper records of your medical history and a competent auto accident to fight your claim, you’re more likely to obtain the maximum recompense for your pain and suffering.
Looking for an Experienced Auto Accident Injury Lawyer?
If you’ve suffered injuries from an auto accident and looking for an experienced car accident lawyer in Brockton, MA to obtain rightful compensation, contact Mark Novinsky to understand your legal options.
With 16 years of experience as a civil litigation expert in Massachusetts, Mark Novinsky can help you to secure maximum compensation for your ordeal and ensure that your legal rights remain throughout the case.
To learn more about how pre-existing condition can impact your car accident claim or schedule a free evaluation of your case, get in touch with Mark Novinsky by calling at 617-4-INJURY.