If you already had a pre-existing condition before you were in an accident, you may have some questions about how this will affect your personal injury claim. Some victims are often concerned about filing a claim when they already had an injury in the same place that they are now feeling pain.
Based on the law, it’s always possible that pre-existing conditions can be aggravated, and will begin to cause additional pain after an accident. In general, these cases may be easier to prove than a new injury, since there are patient records that can back up the claim that is now being made. In fact, here are some things that you should know about these types of injuries. Learn more about Schuster Jachetti LLP, personal injury lawyer Wilmington De.
Have Proof In Your Medical History That Your Injury Has Worsened Due To An Accident
Patient records can indicate a lot of information that is directly related to previous injuries. Since that time, the condition may have gotten a lot better, and there is no pain from the ailment that they were experiencing.
All of this, along with other important information is documented, which would prove that the person’s body had fully recovered. However, with a recent accident, the same place was injured yet again. After that, when the patient returns to their physician, the new information will be documented, and recorded as a condition that has been re-injured.
With the second injury, this pain tends to be much worse than their first experience. For instance, the records may reflect the evidence that the person broke a bone in the same place on the body.
Therefore, the claim can be filed, and the injured person can seek compensation for their medical bills, and any other injuries that are related to the event.
Hire A Personal Injury Attorney Who Is Experienced In Trying Cases And Winning In Court
In a pre-existing injury case, it is important to note that insurance companies are always trying to detract from the facts by trying to prove the damage is small and negligible. If they can use this line of thought to minimize the significance, they can pay pennies on the dollar when they can settle it out of court.
Therefore, if you want to obtain a fair settlement and compensation for the injuries sustained, you need to make sure the records reflect a previous injury, and that your attorney is provided with all of the documentation needed to follow through. It’s a good idea to never settle out of court, especially if you know that you have a solid case with all the records needed.
Victims Must Be Compensated When Negligence Is Involved
One of the keys to winning this type of case is to focus on the other person’s negligence, rather than the pre-existing condition as a mute issue. Therefore, the personal injury attorney may spend a significant amount of their time focusing on the negligence of the other party, while also proving that the pre-existing condition is painful, due to the new incident.