When you are in an accident caused by someone else, you expect them to pay your costs – including any medical bills you have. However, if you have pre-existing conditions, that can impact your injury claim in some situations. Insurance companies will not cover any losses not directly related to the accident, so how do pre-existing conditions affect an injury claim?
At Salango Law, we encourage you to reach out to our personal injury attorney for help navigating your specific legal options. We are happy to offer a free consultation to discuss your needs in a Charleston West Virginia personal injury claim.
Pre-Existing Conditions Make Cases Complicated, But You Still Have Rights
It is not a fact that most people heading into an accident are perfectly healthy. In most cases, it is possible to find pre-existing conditions present for many people. However, just because you have been treated for a backache 5 years ago does not mean you do not deserve compensation for a car accident that occurred since.
To be clear, if an injury occurred prior to an accident, the at-fault party in the car accident is not required nor liable for paying for those injuries and medical bills. However, if the injury was worsened as a result of the accident, then the insurance company or other responsible party may be liable for that worsening.
How Is The Extensiveness Determined?
Often, in a case like this, your doctor (or a skilled, recognized physician) will provide insight into what level of additional damage or loss the accident may have had on your current health and medical well-being. They will look at your condition and limitations prior to the accident and how much that has changed as a result of it. You may still be entitled to compensation for your losses, but that may be reduced by the amount of damage that previously occurred.
Consider the following scenario. Perhaps you fell and broke your hip several years ago. Then, you were in a car accident. The insurance company may try to clean that because of the previous hip injury, you were more likely to suffer extensive injury during the car accident, and they should not have to pay for that. This “eggshell” theory – that you are more fragile now because of a previous accident – can be worrisome for anyone with pre-existing conditions.
You can see that this may be very difficult to determine. Our goal, as your personal injury attorney, is to determine what legal rights you have to compensation based on the new and worsening injuries you have.
Hire an Experienced Attorney if You Have Pre-Existing Conditions
If you have documented pre-existing conditions, it is critical to have a highly skilled and experienced personal injury attorney who can help you navigate your rights in this matter. At Salango Law, we will help you to demonstrate what your losses are and who is responsible for them.
Set up a free consultation with our personal injury attorney in Charleston West Virginia now to learn more about the impact your pre-existing conditions may have on your injury claim.