When a person is involved in an accident due to the negligence of another, it is the injured party’s right to seek compensation. However, what if the injured party has a pre-existing condition that they’ve had prior to the occurrence?
Today we’ll tell you how you should handle your personal injury claim when you have a pre-existing condition.
Your Claim
When you are harmed due to no fault of your own, you should seek legal guidance from a personal injury attorney. This is true even if you have a pre-existing condition. Yes, this situation is a bit more complex, but that’s even more reason to seek out experienced guidance on how to proceed.
You are always entitled to file a claim for injuries caused by an accident, so even if you already had a condition and symptoms, if your symptoms have worsened or if the accident made your symptoms reappear, you are within your rights to file a claim.
Your Process
Upon seeking a personal injury lawyer to help with your claim, you will need to decipher the symptoms that are a direct result of the accident. Your attorney will have a medico-legal expert create a report that entails your conditions before and after the accident took place.
Medico-legal experts are completely independent and unbiased. They evaluate a patient’s claim, injuries, medical history, and treatment plans. Their results will give a fact-based report of the patient’s injuries and the cause(s). Your medico-legal expert can ask for tests, scans, or other investigatory evidence to help them determine the injured party’s full condition prior to and after the accident.
Once the report is provided, your personal injury attorney will know how to proceed with your claim.
Note that if your pre-existing injuries become more severe as a cause of the accident, the at-fault party will be liable for the injury caused. This is based on the “eggshell skull” rule, which essentially states that a person’s frailty cannot be used against them.
The Takeaway
Don’t wrestle with whether to see a personal injury attorney for your injuries caused by another, even if you have a pre-existing condition. You may be eligible for compensation and your experienced lawyer can help.
Contact our Thornton and Northglenn accident attorneys, Hull & Zimmerman, P.C. We understand the pain and frustration that comes with an accident. While it can never truly compensate you for your loss, damages may help address the financial realities of your situation. Contact us today to schedule a pressure-free, no-obligation consultation, so you can learn what your legal options are. Proudly serving North Denver, Northglenn, Westminster, Thornton, Commerce City, Arvada, and Broomfield.
