Posted on:Dec 19, 2023

Will Pre-Existing Conditions Impact A Personal Injury Claim?

HomeBlogWill Pre-Existing Conditions Impact A Personal Injury Claim?

Experiencing an injury due to an accident is already a difficult ordeal. However, if you have a pre-existing medical condition, the situation can become more confusing You may be afraid that your claim will be denied because of your pre-existing condition and wonder how it might impact your potential for financial compensation. Saavedra Law Firm, PLC provides insight into the matter. Contact us to receive advice specific to your case.

How Do Pre-Existing Conditions Impact Personal Injury Claims?

A pre-existing condition is a medical condition that existed before the accident. Unfortunately, insurance adjusters and their legal defense teams may use evidence of a pre-existing medical condition as grounds to deny or limit your financial compensation. They may argue that your injuries were not entirely caused by the accident but were instead due to your pre-existing condition.

However, if a case proceeds to court and the jury finds that the victim’s pre-existing condition was aggravated by the negligence of the defendant in the accident, the jury must determine what amount of financial compensation will fairly and reasonably compensate for the aggravation of that medical condition.

The Role of Insurance Companies

Insurance companies will work diligently to avoid making any payments toward your medical care, ongoing expenses, lost income, and damages for pain and suffering, especially if you have a pre-existing condition. They may attempt to use your pre-existing conditions as a reason to deny your financial compensation.

The Importance of Experienced Legal Representation

Working with a trusted personal injury lawyer who understands personal injury law and negotiations is imperative. Such a professional can navigate the complexities of your case, ensuring that your pre-existing conditions are not used unjustly to deny your rightful compensation.

For instance, if you were actively treating a medical condition that existed before the accident, and then the nature, extent, and/or duration of the treatment changed as a result of the accident, you are entitled to financial compensation for the aggravated medical condition.

Don’t Let a Pre-existing Condition Deter You

It is crucial not to allow a pre-existing condition to deter you from pursuing a personal injury claim. Arizona law protects your right to financial compensation even if you had a pre-existing medical condition before the accident. Remember, your health before the accident must be taken into consideration when determining the validity of your claim and calculating what damages you are entitled to receive.

Seek Legal Help

Dealing with a personal injury claim while managing a pre-existing condition can be overwhelming. However, you do not have to navigate this challenging process alone. At Saavedra Law Firm, PLC, we are committed to ensuring the best possible results for each and every client. We listen to your story, understand your needs, and advocate on your behalf. Reach out today, and let us help you navigate your personal injury claim and secure the compensation you rightfully deserve.

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