You can file for compensation for injuries and property damage sustained in an accident by gathering your supporting evidence and contacting the insurance company. After negotiations and possibly a civil court case, you can walk away with a check to cover your damages.
However, what about recovering compensation for a pre-existing condition? The claims process is a little more complicated if you seek compensation for a pre-existing condition. Unfortunately, you will have to prove that the accident negatively affected your pre-existing condition.
What is a Pre-Existing Condition?
Okay, the term pre-existing condition can be pretty broad, and to claim a pre-existing condition, you must meet the following criteria.
The medical condition must have existed before the accident. This typically means providing medical records to support your claim. The accident must also be directly responsible for triggering symptoms associated with the pre-existing condition, or the accident worsened your symptoms.
Types of Pre-Existing Conditions
Pre-existing conditions are typically more serious and affect the individual’s quality of life, such as:
- Chronic neck
- Back
- Previously broken bones
- Strains or sprains
- Concussions
Pre-existing conditions can also include diagnoses like diabetes, osteoporosis, and arthritis, for example. If the car accident triggers or worsens symptoms associated with these and other long-term conditions, you may be able to seek compensation.
While every personal injury claim involving pre-existing conditions is different, some damages are relatively standard. These include, but are not limited to:
- Medical bills
- Rehabilitation and therapy
- Lost wages
- Medical equipment
- Prescriptions
All of the aforementioned are considered economic damages, meaning they have a monetary value. But you may also be eligible to receive compensation for some non-economic damages. Non-economic damages are more difficult to calculate since they don’t have a tangible financial value. Pain, suffering, and loss of quality of life are examples of non-economic damages. For most people, it’s challenging to quantify their pain and suffering in monetary terms.
Proving a Pre-Existing Medical Condition
To receive compensation for your pre-existing medical condition, it’s going to take more than your word. You may be known for honesty, but this isn’t a matter to the insurance carrier. You will need to provide supporting evidence that is both verifiable and credible. So, what type of evidence do you need? A good place to start is with your medical records.
Your medical records should detail your diagnosis and ongoing treatment. Don’t forget to provide current medical records, especially if you sustain injuries in an auto accident. You can seek damages for any new injuries and pre-existing conditions as long as you can prove your claim.
Sometimes, medical records aren’t enough, especially if your personal injury case ends in civil court. You may need to provide expert medical testimony highlighting how the auto collision affected your pre-existing condition. If you’re in civil court, don’t forget that juries love seeing plenty of evidence, so don’t be afraid to go a little overboard. Your attorney may not use everything, but it’s always a good idea to be overly prepared.
