If you have a pre-existing condition, you might wonder whether you can file a personal injury claim for a new injury. You may be able to recover compensation to pay for medical bills, lost wages, and other losses – even if you have a pre-existing injury. However, the insurance company will likely try to deny your claim or minimize its value due to the pre-existing injury, so it’s essential you work with a San Antonio injury attorney experienced in handling pre-existing injury claims.
A pre-existing condition is an injury, illness, or other medical issue that you had before the accident occurred. Examples of common pre-existing injuries include:
Any medical issue you have that predates an accident could be considered a pre-existing condition that could impact your personal injury claim.
Your personal injury claim cannot request damages for conditions or injuries you had before the accident. However, you can seek compensation if the accident caused new injuries or aggravated an old condition. This is largely due to the Eggshell Skull doctrine, a widely used tort principle recognized throughout the country and the United States that recognizes an accident victim’s right to recover compensation due to someone else’s negligence even if they are particularly vulnerable to injury, such as having a skull as thin as an eggshell.
To recover compensation, you must be able to show the accident worsened your existing condition or caused new injuries. This may be possible by working with your medical providers and getting their opinions. For example, they may note in your medical records that you are suffering more severe pain or limitations in your mobility due to a recent injury, even if the injury occurred to the same region of the body as a previous injury.
An experienced personal injury lawyer can review your medical records to find proof of the injuries you had before, your current injuries, and the worsening symptoms you are experiencing. It is important that your lawyer is in control of this process and that you do not sign medical release forms allowing the insurance company to collect your medical records. Insurance adjusters only want to find records to justify denying your claim, not proof to support it.
In some cases, a personal injury lawyer may hire an objective medical expert who can examine you and your medical records to render a medical opinion about how the accident aggravated your pre-existing condition.
The Aguirre Law Firm, PLLC has extensive experience handling personal injury claims involving pre-existing injuries. We want you to receive fair compensation and not be mistreated by insurance companies. Contact us online or call us at (210) 526-0759 to set up a free consultation where we can discuss how we can help you.
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