No matter how dire the situation seems, an Indiana personal injury attorney can fight for you and help secure the compensation owed to you, regardless of any pre-existing conditions.
What is considered a pre-existing injury or condition?
Injuries are a part of our everyday lives, and they can cause physical and mental problems. These injuries are often overlooked until an insurance company brings them up after an accident.
These are the conditions that can be considered pre-existing when filing a personal injury claim in Indiana.
* Prior Back Injuries
* Joint Pain
* Brain Injuries
* Respiratory Diseases
* Cardiovascular Diseases
* Repetitive Stress Injuries
* Arthritis
How Do Pre-Existing Injuries Affect Injury Claims?
Insurance companies want to make money. The insurance company will investigate to see if there are any pre-existing conditions that could have caused the injury or illness. This will ensure that you will not be required to pay anything.
If a person says they have suffered from a back injury and the adjuster is looking for previous injuries or medical conditions, this could be the reason why the pain and suffering are so severe. The adjuster will also look at existing documents in order to see if there are any ways they can limit the amount of money they pay out as a settlement.
In the end, they want to minimize their financial risk by minimizing the amount of money that is required to be paid out as part of an insurance settlement. In order to receive compensation for an injury that was already present but has worsened as a result of an accident, you must provide proof.
Medical records showing the severity of injury before and following the accident as well as witness testimony and photographic documentation can be used as proof. To establish a narrative, it is important to create a timeline that includes all the events that led up to and followed the accident.
If the injury is shown to have been aggravated by an accident that was not your fault, you may be entitled to compensation under personal injury laws.
Should You Consult an Attorney?
It can be difficult to file a claim for personal injury when you already have a condition, but this doesn’t need to be the case. You can get the compensation that you deserve with the help of a personal injury attorney.
A lawyer will help you understand your medical history and the extent of your injury, as well as all expenses related to it, so that they can fight to ensure that you receive fair compensation. They will manage the paperwork and court proceedings, while offering emotional support to you throughout the process. This allows you to focus on your recovery.
By having a personal injury attorney who is dedicated to protecting your rights, it will be easier for you to protect yourself from unfair insurance companies and other parties in your case.
Can You Still Recover Compensation?
It is important to obtain reliable medical evidence when filing a claim. This will help you recover compensation for an injury that was caused by a pre-existing illness. Your doctor’s medical testimony and documentation can strengthen your case, giving you an advantage in court.
The defendant can still be held responsible for the negative consequences of an accident that has exacerbated pre-existing conditions.
Having comprehensive medical records is essential to presenting your case, even though pre-existing conditions may make things more complicated. It follows that a pre-existing medical condition will not affect a person’s ability to receive compensation and seek legal restitution for their current condition.
This could include obtaining compensation for medical bills, rehab costs, lost wages, property damage, and other damages resulting from the incident, such as
The victims need to know that their medical history does not take away their rights to claim damages for injuries or illnesses caused by others.
The Bottom Line
In Indiana, it is important to understand the impact that pre-existing conditions can have on a personal injury claim. Although the law allows individuals to file a claim despite having a pre-existing health condition, it’s important that you make sure any doctors that you visit are aware of this condition and that you disclose all relevant information when you file your claim.
By doing so, you can ensure that your interests and rights are protected as well as that you receive compensation for any injuries and losses that may have been caused by the negligence of a third party.