Your pre-existing medical injury can worsen after a car accident. The insurers of the at-fault party will always try to prove that the car accident did not cause the injuries. After a car accident, the most major monetary settlement is paying the victim’s medical expenses. If you or your loved one has experienced their existing injury to become worse after a car accident, you need a Glenwood Springs accident attorney to help fight for your compensation.
How does pre-existing injury affect your car accident claim?
A pre-existing injury is a health condition you had before an accident, and any costs or losses due to it would not be considered a part of the claim if the accident did not worsen pre-existing conditions. Some of the existing health conditions that generally worsen after a car accident include:
- Arthritis
- Back injuries
- Knee injuries
- Hernias
How can you claim for your pre-existing injury?
- Egg plaintiff rule
The egg plaintiff rule is based on the idea that the accused is liable for the damages and should compensate the injured victim if their existing medical conditions worsen due to the accident. The victim will not be penalized for existing health conditions before the wreck. In this case, the accused must accept the plaintiff as they had found them when the crash occurred.
- Evidence to support your injury claim
Suppose you or your loved one has pre-existing medical conditions. In that case, medical records can be helpful in compensation cases by checking how past conditions have been affected by accident. MRI or old X-Rays can be used to show the state of injuries that existed before the accident and how it has worsened it.
It is important to remember that insurance companies will not be on your side because they want to avoid paying for your injuries. They will make you sign a medical authorization form by which they can access your entire medical history and use it against you.
For this cause, you should always talk to an injury attorney before signing any medical forms.
How can an attorney help in claiming compensation for your injuries?
It is vital to discuss your pre-medical injuries before the car accident with your lawyer. Hiding your pre-existing injury will not help your case and reduce the chances of winning the case. For example, if you already had a back injury before the accident worsened, your lawyer will look through your medical records and record the escalation in the treatment you received. Your lawyer will then present a complete picture of what has happened and what to do next for full compensation.
