Have you heard of people with a denied claim due to pre-existing conditions? Afraid this might happen to you? Talk to a Houston traffic accident lawyer about your case!
Discuss Claims and Pre-Existing Conditions with your Houston Traffic Accident Lawyer
While pre-existing conditions can make car accident claims and lawsuits more complex, you still have a right to ask for compensation for your damages. If you were in a car accident that made an injury or condition worse, then it’s time to talk to a Houston traffic accident lawyer about your situation.
In many cases, insurance adjusters may try to use the pre-existing condition as an excuse not to compensate you for your injuries. However, it’s illegal for them to deny your claim just because of a pre-existing condition. Your attorney can help you with your case if you have a pre-existing condition to help you get the compensation you deserve.
What is a Pre-Existing Condition?
What is a pre-existing condition, anyway? Essentially, it’s any injury or health condition you had before the accident.
While people often talk about car accidents as if the victim was in peak health, this is often not the case. For example, some common pre-existing conditions for car accidents include:
- Herniated discs
- Lower back strains
- Heart disease
- Healed broken bones
Essentially, any health problem you had before the accident is considered a pre-existing condition. However, many people mistakenly believe that pre-existing conditions means they must pay out of pocket for their accident-related medical costs, since the car accident didn’t cause the original issue. This may not be true for your case! Talk to your Houston car injury attorney about your specific situation.
Does a Pre-Existing Condition Mean I Can’t Get Compensation for my Injuries?
Despite what an insurance adjuster may tell you, a pre-existing condition doesn’t automatically stop you from getting compensation for your car accident injuries.
If you have a pre-existing condition, but the car accident made it worse, then you may be entitled to compensation. For example, let’s say you had occasional back pain before the accident, which sometimes required over the counter pain relievers to help. This could be considered a pre-existing condition. However, after the car accident, perhaps you suffered severe back pain that required physical therapy and prescription pain medication to manage. If the worse back pain was due to another negligent driver’s actions, then your Houston traffic accident lawyer can help you fight for compensation.
For your case, ask yourself a couple of questions:
- Was my condition stable before the accident?
- Was there any reason to believe the condition would get worse or change before the accident?
Generally, if your condition was stable and it wasn’t likely to get worse or change before your accident, then you may have a case for compensation for your injuries.
While the at-fault driver isn’t responsible for costs to make you better than you were before the car accident, they are typically responsible for returning you to the same condition that you were before. For example, if you were on pain medication before the accident, but now require physical therapy in addition to the medicine, then they’re likely only on the hook for the physical therapy costs. However, each situation is different, so be sure to consult your Houston car crash attorney.
Now, what if your condition made your car accident related injuries worse? For instance, say you have osteoporosis and the crash, while minor, causes multiple fractures. Some people believe in this example that the compensation wouldn’t include treatment for the fractures because someone without the condition likely wouldn’t have suffered them. However, this is wrong.
Once again, the insurance adjuster may try to convince you of this to make you take a lower settlement, but this isn’t the case. This is because of what’s called the eggshell doctrine or take your victim as you find them doctrine.
Essentially, this is based on a theoretical situation where someone’s negligent actions caused injury to someone with a skull as thin as an eggshell. Even if the at-fault person didn’t know about their condition, they’re still responsible for the injuries. So, even if your condition makes you particularly vulnerable to injury, you can still get compensation for your damages.
How Your Houston Traffic Accident Lawyer Helps if You Have a Pre-Existing Condition
If you have pre-existing injuries, why seek help from a lawyer experienced with traffic accident cases? An attorney can help in many ways for your case.
First, a lawyer can help you put a value on your case. This can help you avoid taking low ball offers from the insurance company. Putting value on car accident claims with pre-existing conditions can be a little tricky.
A legal professional can help you determine what your claim is worth. They may help:
- Gather evidence of differences in your condition before and after the accident
- Gather medical records and bills
- Calculate accident-related damages
In addition, a Houston car injury attorney can help advocate on your behalf to the insurance adjuster. Insurance adjusters often use tactics to try to trick you. For example, they might try to get you to say you’re feeling okay on tape and use it against you later. Or, they might offer you a wildly low number for your claim. Our attorneys know these tricks. We’ll negotiate to help you receive the compensation you deserve.
Your Houston Traffic Accident Lawyer for Life at DeSimone Law Office
At DeSimone Law Office, we’re your attorneys for life. We’ve helped settle countless disputes for car accidents, and we’re here for you any time after an accident. We care about you and are here to help you get the compensation you deserve after a car crash. If we don’t help you settle or win your case, there are no fees or payments. What’s more, we’ll even take care of your out of pocket expenses until we win your case. Call us now at (713) 526-0900 to get a free case evaluation!