How Pre-Existing Conditions Affect Personal Injury Claims
Pre-existing conditions greatly complicate a case and require a highly skilled lawyer to overcome related defenses.
If you experience a personal injury, having a pre-existing condition should not automatically bar you from recovery. The key is to show whether the accident or personal injury exacerbated a pre-existing condition. If the accident did exacerbate your symptoms, you will still be entitled to compensation.
Be aware that even if this is the case, the insurance company may take any means to deny your claim. In other situations, a new ailment may arise following a personal injury, but a claims adjuster may argue that it is simply your prior condition flaring up. These are regular tactics used by the insurance company to prevent paying benefits.
Having a pre-existing condition should not impact your personal injury claim, but we realize that it often can. At Raybin & Weissman, our Nashville personal injury attorneys are committed to seeking justice and helping accident victims recover what is rightfully due to them. If you have suffered an injury due to another person’s negligence, do not hesitate to contact our legal team.
Leveraging a Pre-Existing Condition to Minimize Payouts
Insurance carriers are not interested in providing benefits to accident victims, but rather in minimizing payouts. To prevent having to pay, claims adjusters may request multiple rounds of additional information, repeatedly offer low settlements, or perform an incomplete investigation. Considering that people rely on insurance to provide security when tragedy strikes, these “bad faith” tactics are used to wear the policyholder or accident victim down. For injured persons who forgo representation, you may take the offered “low-ball” settlement just to avoid walking away empty-handed.
Having a pre-existing condition that is made worse by a personal injury may result in more costly medical expenses than if the person were completely healthy prior to the incident. However, insurance companies know that they are still responsible for approving a claim in this situation. If you are fighting with insurance to approve your claim, a personal injury attorney can help advocate for your interests. If insurance consistently refuses to offer you a just settlement, you may consider taking your case to court.
Assistance From Tenacious Personal Injury Lawyers
The moment you hire a personal injury lawyer is the moment that the insurance company will begin taking your claim seriously. It has been shown that individuals who hire representation receive settlements that are 3.5 times larger than those who decide to represent themselves.
A personal injury attorney does more than negotiate settlements for clients; they handle your case from beginning to end. Various tasks taken on by an attorney will include gathering relevant evidence in connection with your claim, organizing and categorizing your damages (losses), and presenting a valid argument to the insurance carrier.
A detailed account of your medical bills and lost wages can demonstrate the effect that the personal injury had on your health. Even if you have a pre-existing condition, showing that your health deteriorated following the trauma should be enough to convince a claims adjuster of the validity of a claim. If a claims adjuster refuses to pay, then we will make a compelling argument to a jury.
Injured? Do Not Hesitate to Contact Our Nashville Personal Injury Attorneys
A personal injury can take place just about anywhere. No matter the circumstances behind your accident or injury, the wrongful party should be held accountable. At Raybin & Weissman, our legal team is proud to serve the Nashville community and the surrounding area, helping accident victims secure optimal compensation during a time of distress. To learn more or arrange a free consultation with one of our Nashville personal injury lawyers, we can be reached online or by calling (615) 256-6666.