Pre-existing Conditions & Your Injury Claim
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Filing an injury claim after getting into an accident might make up for your medical expenses, but if you had any pre-existing medical condition or injury, it can affect your personal injury claim.
Here is how a pre-existing medical condition can affect your claim.
What is a pre-existing condition?
You might get refused from your injury claim if you already had a medical condition prior to getting injured in the car accident.
Pre-existing conditions can include:
- Previous Injuries, unrelated to the car accident
- Birth defects, also called congenital abnormalities
- Spine, joint, or neck injuries that haven’t healed yet
- Pre-existing medical conditions like epilepsy or asthma
Disclosing Prior Health Conditions
No personal injury claim should be filed without consulting a personal injury lawyer first. Your attorney should also be informed of your previous medical history. You will have to tell them all the necessary details about your medical condition before the accident occurred.
Once you provide your medical details, the adjustor will be able to ascertain whether you had any previous medical issues or if the injuries resulted directly from the car accident. They will also be able to find out if any of your pre-existing conditions made worse after the accident.
Even if you have a feeling that mentioning a particular medical condition might hurt your claim, tell your attorney and let them decide how it should be dealt with.
Your medical history is also important because it would give definitive proof that the car accident did cause you injuries and any pre-existing conditions were not the reason behind your claim.
How do pre-existing conditions affect payout?
The amount you will receive from your injury claim depends completely on your insurance company and also on the extent to which your injuries were a cause of the accident. Your pre-existing medical conditions would also impact the amount you will receive from the claim.
Previous medical records in some cases actually help a person gain more payout from the claim. This is usually observed in cases where a minor medical condition of a person like a back pain worsens after the accident.
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Accidents, especially those related to vehicle crashes, are traumatizing. Being injured in an accident can make the matter even worse. Most victims file a personal injury claim as the first step after an accident.
Before you receive your final payout from the claim, the adjustor will thoroughly check all the information, which essentially includes all of your medical records that might indicate your pre-existing health problems.
Various conditions are taken into account — sometimes even small issues like a back pain will be included in pre-existing injuries. Although you might feel that these conditions will rule your claim out, an experienced attorney will be able to tell you how it can positively impact your insurance claim.
While you are awaiting your settlement, you should contact FCA Legal Funding to see how we can get you an advance on your compensation. We can get you lawsuit funding less than 48 hours from filling out our online form!