Some car accidents should seem very minor but they will sometimes lead to a pre-existing condition becoming more aggravated as a result of the crash. Some defendants may also use the fact that you have a pre-existing condition as a way to prove that your injuries were not the result of the actions of the other party. Because your pre-existing condition can complicate your car accident legal case, you will want to seek help from a car accident lawyer.
The Defendant Is Not Responsible for Your Pre-Existing Condition
You will not be able to receive compensation for your pre-existing condition. For example, if you suffered an injury while slipping and falling on your own property, you might have a back injury as a result of the fall and you could not receive compensation for this accident.
However, if the back injury becomes worse as a result of your car accident, you may be able to receive compensation for the accident making your pre-existing condition worse. The types of minor injuries you might suffer that can still aggravate a pre-existing condition include:
- Sprains and strains
- Herniated discs
Even injuries that are considered to be minor can lead to serious consequences if they are not treated. Therefore, you will want to see a doctor as soon as possible both to have your condition treated and to have the records necessary to prove that your pre-existing condition was aggravated by your accident.
When you seek compensation from the defendant's insurance provider, they will do everything they can to offer you the lowest settlement possible. Therefore, they will try to use the fact that you have a pre-existing condition to reduce your settlement or even dismiss your claim outright. You will need to fight this by having a car accident attorney negotiate for a better settlement on your behalf.
The worst thing you can do is fail to disclose your pre-existing condition. If you fail to include it, the insurance provider of the other motorist may use this as an excuse to deny your claim. This can be used to bring everything else you say into question.
The insurance provider may try to label conditions that are not pre-existing as being pre-existing conditions to reduce your claim even when they may know this is not the case. However, with help from an experienced attorney, you will be able to maximize your settlement.
For more information, contact a law office like Arrington Schelin, a Professional Corporation.