The Impact of Pre-Existing Conditions on PI Claims
Concerning personal injury claims, pre-existing conditions refer to any health issue or medical condition before an accident occurred. These conditions can encompass various ailments, from chronic illnesses to prior injuries. They become a critical factor in personal injury cases when an individual seeks compensation for damages from an accident.
Personal injury claims aim to secure compensation for losses incurred due to harm sustained in an accident, including medical expenses, lost wages, and pain and suffering. However, the at-fault party responsible for the damages incurred by the injured party isn't obligated to cover costs related to pre-existing conditions.
In situations where pre-existing conditions are involved, seeking legal representation becomes crucial. Hiring an attorney is essential because having a pre-existing condition doesn't automatically disqualify an individual from seeking compensation. If the accident exacerbates the pre-existing condition or leads to new injuries, the injured party may still pursue compensation for the worsening of the existing condition or the emergence of new health issues due to the accident.
At Bertram & Graf, L.L.C., we understand the complexities surrounding personal injury claims. Our legal team in Kansas City helps individuals navigate these cases, protecting their rights and advocating for fair compensation. Contact us at (888) 398-2277 to schedule a consultation.
What Is a Pre-Existing Condition?
Pre-existing conditions come in various forms, encompassing a spectrum of health issues that existed before an accident.
These conditions include prior injuries like:
- Back or neck problems
- Chronic pain
- Permanent disabilities
- Mental health issues stemming from previous head trauma
The impact on the case can be significant regarding personal injury claims involving pre-existing conditions. Defendants often leverage pre-existing conditions to argue against the injured party's right to recovery. They might claim that the damages aren't due to the accident but are linked solely to the pre-existing condition.
On the other hand, the plaintiff can argue that the accident exacerbated their pre-existing condition or led to new injuries.
One critical aspect of handling such cases is disclosure and documentation. When pursuing a personal injury claim, the injured party must be transparent about pre-existing conditions. Failing to disclose these conditions could severely harm the case and diminish the chances of recovering rightful compensation. Honesty about pre-existing conditions and thorough documentation can strengthen the injured party's position in seeking fair compensation for the damages from the accident.
Approaches to Managing Pre-Existing Conditions within PI Claims
Navigating personal injury claims involving pre-existing conditions requires strategic approaches to mitigate their impact on the case's outcome. Employing well-thought-out strategies can significantly influence the assessment of causation and damages while optimizing communication with insurance adjusters and legal representatives.
One of the primary steps in addressing pre-existing conditions within a claim involves mitigating their impact. This process could include seeking immediate medical attention post-accident, ensuring a clear and comprehensive medical record distinguishing between the pre-existing condition and the new injuries incurred due to the accident.
Moreover, following prescribed treatments diligently can showcase the distinction between the pre-existing condition's status pre-accident and its exacerbation due to the accident.
Demonstrating causation and damages becomes a cornerstone in such claims. This step involves detailed documentation and expert testimonies that delineate how the accident directly contributed to the worsening of the pre-existing condition or caused new injuries. Robust evidence establishing a causal link between the accident and the resultant damages is instrumental in pursuing fair compensation.
Seeking Guidance for PI Claims with Pre-Existing Conditions
For those involved in accidents with pre-existing conditions, proactive measures can significantly impact the outcome of their claims. Despite the complications, individuals should not be discouraged from pursuing their rightful compensation due to the presence of pre-existing conditions. Legal counsel experienced in managing such cases can guide claimants through the complexities and help them navigate the legal intricacies.
At Bertram & Graf, L.L.C., we represent individuals in Kansas City dealing with personal injury claims. Contact us at (888) 398-2277 to discuss your case and explore your legal options.