How to Prove Your Injuries Came from an Accident and Not from a Pre-Existing Condition
Getting into a car accident is something you never know when or why it will happen. And it happens in a flash. Depending on the severity, it can be life-changing for you and your loved ones. Not only do you need to worry about the medical bills that are sure to result from your injuries, but you must also worry about collecting damages afterward. This is a process that is often long and unpleasant. You must get lawyers involved and relive the accident repeatedly to prove that you deserve the money you are fighting for.
If that wasn't bad enough, having a pre-existing condition can complicate things when it comes to your case. Opposing insurance companies, who always want to pay you as little as possible, will go out of their way to try and prove that your injuries are in some way related to your pre-existing condition. So, how do you prove that your injuries resulted from an accident and not a pre-existing condition? Read on to find out.
Pre-Existing Condition Definition
Often used in terms of insurance, a pre-existing condition is a known injury, disease, or other illness you have had before signing up for a healthcare plan or an accident. Insurers used to be allowed to charge people more or deny them coverage altogether if they had a pre-existing condition, but that is no longer legal.
Examples of a pre-existing condition:
- Heart disease
- Pain from lingering injuries
- Even pregnancy is considered a pre-existing condition
What To Expect with Your Case
Often, these cases can feel violating and like an intrusion on your privacy. That is because the opposing insurance company will look through your medical history to find out whatever they can, so they have ways not to be held liable for the injuries sustained in your accident. Therefore, having a medical expert witness for your case is crucial. There are medical expert witness companies that exist precisely for situations like this.
It is crucial to have a medical expert witness to tell the judge, in technical terms, precisely what has happened with your injury. The best medical expert witness you could have would be your primary care provider or whoever diagnosed you with your pre-existing condition. This is because they will have all your medical records, dating back to before your car accident, showing that any new injuries sustained were not a product of your pre-existing condition but instead from the car accident itself.
Breach Of Duty of Care
This might be a little-known fact, but every time we enter our vehicle with the intent to drive, we do so with the responsibility of duty of care. Duty of care is simply using a car with the pretense that you will do so responsibly. That means not driving drunk, not driving distracted (texting, eating, etc.), or not driving dangerously. If your accident directly results from a breach of duty of care, you will have a bigger chance of winning your case. You can sue the other driver for breach of duty of care and possibly receive even more compensation than you would have otherwise.
Compensation For a Re-Aggravation
You might wonder if you can seek compensation if a car accident has aggravated a pre-existing condition, and the answer is yes. The critical thing here is the quality of life you lived before and after the incident. For example, if you have a bad shoulder, but it's been cared for and does not affect your daily quality of life. Still, if you get into an accident and can no longer work or participate in other day-to-day activities, you can seek compensation. Again, this is where a medical expert witness can be a crucial ally in your case.
It is also essential to have good legal representation, as an experienced attorney will understand the trial process, which accident and health policy provision address pre-existing conditions, and how to acquire the most value for you.
If you have any more questions about pre-existing conditions, please get in touch with Steelhorse Law today.