Do Pre-existing Conditions Impact Personal Injury Claims?

A personal injury case begins when someone gets hurt physically, and the injury is the result of another person's negligence, such as in an automobile accident or tractor trailer accident. The reason behind such cases is that the negligent person might be legally responsible for causing the accident, and therefore financially responsible for the injuries and resulting medical treatment. As Richmond personal injury attorneys, we want to explain some of the nuances that can impact your personal injury lawsuit.

A wide variety of factors could impact the potential outcome of a personal injury lawsuit. A personal injury attorney can help you decide how best to handle your case.

Some Factors Reduce Personal Injury Recovery Amounts

One particularly challenging factor is a pre-existing injury or condition that becomes aggravated as a result of the accident. The responsible party's insurance company will argue that the accident isn't responsible for the victim's post-accident medical condition because of his or her pre-existing condition.

It can be difficult to prove the extent to which an accident aggravates or exacerbates a pre-existing condition. Experienced Richmond personal injury attorneys like those at Commonwealth Law Group are familiar with the complex rules surrounding pre-existing conditions and can advise you on the best way to proceed to maximize your potential settlement.

Take the Victim "As They Were"

After an accident, the at-fault party and their insurance company are required to "take the victim as they found him." This means that the defendant is liable for all injuries caused by their negligent actions, no matter what the victim's previous condition was.

If the victim had back pain or a bad hip before the accident, making him more susceptible to injury than a person without those medical problems, that condition cannot be used to benefit the responsible party in the form of a lower settlement to the victim.

Beware the Insurance Company's Argument

Insurance companies often argue that pre-existing conditions are the cause of pain after an accident, rather than the injuries sustained in the accident. Always remember that an insurance company's goal is to pay the accident victim as little as possible. If you are an accident victim, it's crucial for you to retain an experienced personal injury attorney to represent you and help get the maximum possible settlement for your circumstances.