Filling for a claim in a pre-existing condition will always require you to provide your records or medical documents to know the formal health challenges and the new ones.
Knowing this will help your claim such that you can be compensated for the aggravation of your formal health problems and still be compensated for the new one.
Any insurance company represented by an adjuster will always want to minimize the payment as much as possible. So, they’ll like to prove that your injuries were in existence before the auto crash.
Don’t get tired in the process, it’s your right to file a claim when the accident is caused by someone else careless driving especially for medical compensation.
Pre-Existing Condition?
Any past health condition of an auto accident victim is known as a pre-existing condition. This health challenge must have taken place before an auto accident and also been treated with proper documentation.
Some of the pre-existing conditions are:
- Depression
- High blood pressure
- Brain Injury
- Diabetics
- Hernia
- Headache
- Weakness
An auto accident can worsen a pre-existing condition which is why you shouldn’t let an auto accident go without fully claiming your right. An existing health challenge is not enough reason to deprive you of your entitlement.
Rest assured that regardless of the move of the insurance company to cut costs, the legal system is aware of the possible damage an auto accident can cause on such victims.
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Pursuing A Claim For A Car Accident
Knowing full well that it is your right to pursue a claim, it must then be done properly which is why you must do this with the knowledge of an experienced lawyer.
Your former injuries are likely to be affected. So, you have to prove this by making sure you go for a fresh test to ascertain the level of damage caused by the crash, and the additional damage it had on your health. These two reports from your doctor can make all of the difference. It will reveal how much your injuries have worsened.
Leave the rest to your attorney except if you are one yourself. He’ll make sure all of the needed documents to support your claim and get your compensation are readily available.
The insurance will have to cover the additional treatment you wouldn’t need to receive if you were not involved in a car crash.
The eggshell skull rule
In simple terms, the eggshell skull rule states that injuries must be taken as they are without speculation about what may have happened if the injury victim did not have a condition that predisposed him/her to a more severe injury. This rule is usually initiated to help protect victims from something they have no control over which is an auto crash in this case.
This concept is usually used in a case where there is an aggravation on a particular existing problem so that the victim won’t remain a victim even if there is an existing body weakness before the crash.
It still doesn’t matter if you would or would not have sustained such injury if you were healthy. The insurance still has to cover it. But injury claims must be proven true.
Contact The best car accident attorneys for legal help
If you’ve been involved in a car accident, you may need to hire a car accident lawyer especially if you didn’t initiate the crash. An experienced injury attorney can help you recover losses resulting from a motor vehicle accident.
Knowing when you need professional legal assistance can make the difference between a justly resolved case and losing large monetary damages. Recovering this kind of claim must involve an attorney who can always pay attention to every little detail.
The advantage of hiring an experienced attorney from the Lobb Law Firm is that they can help you get compensation to cover any losses incurred due to the accident, such as medical expenses, lost wages, and car repairs. In some states, a car accident attorney may help you recover when a loved one is killed, especially if reckless driving, speeding, or drunk-driving was involved.