Personal Injury Claims with Preexisting Medical Conditions

Posted on January 22nd, 2017
By Taos Injury Lawyers

Disney World Death

At any time an unforeseen accident can occur that may aggravate your preexisting medical conditions. On September 18, 2016, a Tennessee man was riding the Star Tours attraction at Disney’s  Hollywood Studios. After being on the ride, the man complained about not feeling well and collapsed. He died shortly afterwards.  His cause of death was listed as a preexisting hypertensive cardiovascular disease that was aggravated by the ride. While the family choose not to bring suit against the company, this scenario does highlight a concern that many people have when they are involved in an accident.

Do you have a case if an accident aggravates an existing medical condition?

Unlike the Disney ride that has clear warnings about preexisting health conditions, you may be able to receive compensation if your preexisting medical condition was aggravated by a car or work accident. Yet the case can become complicated when going up against the liable person’s insurance company. Understanding how personal injury claims work in this instance, and getting legal advice about your state’s requirements, can help you get the compensation you deserve.

Do You Have a Claim?

In an accident, you may experience injuries that cause a preexisting condition to worsen. You may also have a condition that had previously healed yet has reappeared again due to the recent accident. For both of these incidents, you may be able to file a personal injury claim. You cannot receive compensation for any injuries that existed before the accident. Yet you can receive money for any injuries currently affecting, or worsening, your preexisting medical condition.

What You Will Face with Your Claim

Depending on the state, the insurance company may be forced to pay for the damages caused by the accident as well as any preexisting injuries. Other times, the insurance company will refuse any additional payment while trying to prove that the accident did not have any impact on the preexisting medical condition. Another tactic an insurance company may use is to claim that the new injuries you experience are caused by the preexisting medical condition and not from the accident itself.

What You Can Do

There are several steps that you can take to create a solid personal injury claim.

  • Avoid signing medical authorizations:An insurance company will ask for unrestricted access to your medical records. While this tactic seems like a good idea to prove that you have preexisting medical conditions, the insurance company can also use the information to discredit your claim.
  • Obtain legal assistance:A lawyer who is well versed in personal injury claims will know about all applicable laws in your state. They can protect your rights and help you receive the compensation you deserve. The lawyer can then provide the insurance company with the medical records that will not hurt your case.
  • Disclose all medical issues:While you may not think that an injury or medical  condition related to the accident, you should still inform your lawyer of  your full medical history. The lawyer can evaluate past medical records to see how the accident might have worsened your preexisting condition. They may also obtain a medical witness who can testify about your medical condition and injuries.

Although there were 63,316 personal injury cases filed in US district courts in 2013, many cases are settled out of court without having to go through a lengthy lawsuit. If you are injured in an accident and have a preexisting medical condition, contact Taos Injury Lawyers. We can review your case and give you the legal advice you need about your claim.

 

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