Does My Pre-Existing Condition Impact My Car Accident Claim?
Simply because you have a pre-existing condition does not mean that you can recover compensation in a car accident claim. However, you need to disclose the condition to your Fresno car accident attorney immediately for several very important reasons.
The Other Side Already Knows
If the insurance company for the other driver does not already know about your pre-existing condition, it will. The insurance company will try to use your pre-existing condition against you, especially if you try to conceal your previous injury or condition. The defense will argue to a jury that your dishonesty in hiding your previous injury is an indication of your attempt to take advantage of your current situation to get money.
Your Attorney Needs to Get in Front of This Matter
Telling your attorney about your pre-existing condition allows your attorney to begin building a case that contrasts your current condition with the previous injuries or condition. Your attorney can use medical evidence from before the accident and after the accident to show that your previous condition changed or worsened because of the accident. This is very important if you want to recover compensation for your car accident claim.
Aggravated Injuries in a Car Accidents
If you have a pre-existing condition or a previous injury, you can still recover compensation for your car accident claim if the crash aggravated the pre-existing condition or injury. The at-fault driver cannot argue that you are not entitled to any compensation simply because of your pre-existing condition.
If you did not to contribute to the accident, you are entitled to recover compensation for damages, even if the injury is an aggravation of a pre-existing injury or condition. It would not be fair for a driver to be allowed to escape liability simply because the victim had an old back injury or suffered from spinal irregularities. If the accident caused further injury, the driver should be held liable for those injuries.
However, you must still prove that the other driver caused the collision and that the collision resulted in a new injury or aggravated an old condition or injury. Again, telling your attorney as soon as possible of any prior injuries or medical conditions is very importation. Your attorney must begin to gather the evidence necessary to prove not only negligence but additional injury or aggravation of an old injury.
He must also gather evidence to prove you have suffered damages (i.e. medical expenses, lost wages, emotional stress, and physical pain) because of the injury sustained in the car accident. Only then can you expect to recover compensation from the other driver for your car accident claim.
Call an Experienced Fresno And Central California Valley Car Accident Attorney for a Free Consultation
The attorneys of Torem & Associates have experience handling car accident claims involving pre-existing conditions. You can reach our office by calling (888) 500-5000 or use the contact form on our website to request additional information or schedule your free appointment with an experienced Fresno car accident lawyer.