pre existing conditions in a car accident

Pre-Existing Conditions: You’re Still Entitled to Fair Compensation After a Car Crash

The insurance company will most likely want to know your medical history if you file a personal injury claim following an auto accident. This information will be used by the insurance carrier for assessing your injuries and identifying any medical conditions which may have existed before the car crash. These injuries and conditions are also known as pre-existing conditions.

It’s common for insurance companies to cast doubt on the severity of a victim’s injuries making it vital that you consider retaining an experienced personal injury attorney.

The Mississippi Eggshell Skull Rule

The eggshell skull rule or the thin skull rule applies to all victims harmed in car accidents and others. The rule states that defendants are required to take the victim in an as-is condition.

The weakness, fragility, and frailty of the injured cannot be used as a defense against them in a personal injury claim. The at-fault party cannot use a pre-existing condition to reduce their liability.

An experienced personal injury attorney in Mississippi will invoke the eggshell rule if your injuries were made worse because of a pre-existing condition. The rule requires the responsible party to take complete responsibility for any damages suffered by the victim as a result of the car accident.

For instance, an accident victim may have been taking medications and therapy for a bad back. Unfortunately, the accident aggravated their condition to a point where they require surgery now. The defendant may be held responsible for paying for the additional expenses in this case.

What are Pre-Existing Medical Conditions?

Pre-existing conditions are medical illnesses or injuries that were actively present before the accident happened. These can be minor or severe, such as:

  • Diabetes
  • Cancer
  • Injured muscles
  • Asthma
  • Hernias
  • Fractures and broken bones
  • Head trauma and traumatic brain injuries
  • Spinal disc or cord damage
  • Arthritis
  • Fibromyalgia

It is important to understand that discovering a pre-existing condition following an automobile accident is not enough to claim compensation. You will need to prove that the accident played a part in aggravating the condition.

Strengthen Your Pre-Existing Condition Personal Injury Case in MS

There are several steps you can take to maximize compensation if you suffered injuries because of an at-fault driver. You should make sure that you seek medical attention as soon as possible following the crash. This medical record will prove to be vital in your case. You may be entitled to compensation for any pre-existing condition that became worse with the accident and new injuries.

Your next step should be to see a reputable personal injury attorney. Insurance companies are in the business to reduce their liabilities and compensation amount. They will quickly lower the settlement amount once they discover your preexisting condition.

You can ensure you receive adequate compensation by having an attorney on your side to negotiate with the insurance carrier. Experienced personal injury attorneys never allow their clients to settle for a lowball offer.

How to Value Your Car Accident Injury Claim with a Pre-existing Condition

It is complicated to value a car accident injury claim with pre-existing conditions. The amount you can claim for any aggravated pre-existing condition will depend on the unique facts and circumstances surrounding your case.

You can only sue a responsible driver for the damages incurred as a result of the accident. As per the rule, victims cannot claim damages for any injuries or conditions that existed before the accident.

The law allows victims to collect compensatory damages for any pre-existing condition that was intensified as a result of the accident. You can claim the following damages if your pre-existing condition was worsened by the car accident:

  • Medical bills and ongoing expenses beyond routine treatment
  • Lost wages and benefits
  • Disability
  • Disfigurement and scarring
  • Pain and suffering
  • Loss of enjoyment of life

In case of a fatal accident, survivors can file for wrongful death compensation too. Your medical records, testimony, bills, expert evaluations, and employment records will be used for evaluating the complete nature of emotional, physical, and financial damages.

You can be confident in increasing the likelihood of receiving a fair and reasonable settlement by retaining the services of an experienced personal injury attorney. It’s critical to understand that just because you are eligible in all fairness to receive personal injury compensation doesn’t mean that you actually will. Auto accident attorneys take action for preparing a strong case to negotiate tough terms with the insurance company.

They will help you collect the necessary evidence for supporting your claim. This includes medical statements from professionals that treated your injuries following the crash. Attorneys also use medical records from before the collision to demonstrate the manner in which the accident complicated pre-existing conditions.

Choose a Seasoned Car Accident Attorney to Maximize Your Compensation

It can be difficult to focus on the legal side of your accident when you are constantly dealing with the pain and discomfort from pre-existing and any new injuries. The attorneys at Gardner Law Firm can help you obtain the financial compensation you deserve from the at-fault parties that caused the accident. To request your free, no-obligation consultation, call us at 228-762-6555 or complete this online form