Will a pre-existing injury affect my personal injury claim?
Personal Injury - July 18, 2023
Many injury victims have serious concerns that their injuries will be dismissed because they have a pre-existing condition. A pre-existing condition is any type of ongoing medical illness or a previous injury that the insurance company may attempt to use to avoid paying out on your claim.
However, with help from our Chicago personal injury attorneys, you can go up against quick-to-deny insurance companies and receive the financial compensation you deserve.
How a pre-existing injury may affect your claim
Filing a personal injury claim with a pre-existing condition can be intimidating. You may have no idea how pre-existing injuries affect your claim or what to expect from the insurance company. Unfortunately, it is common for insurance companies to take advantage of individuals with pre-existing conditions.
It is not that you are not entitled to compensation but rather that the insurance company sees an opportunity to avoid paying out on your claim.
Some of the most common tactics insurance companies use include:
- Misrepresenting the terms of your insurance policy
- Delaying the processing of your injury claim
- Wrongfully accusing you of sharing liability for the accident
- Arguing that your underlying health condition is the cause of your injuries
Can I claim if I have a pre-existing injury?
Personal injury claims and pre-existing conditions can make your case far more complex. However, you may still be entitled to compensation despite your pre-existing injuries as long as your pre-existing condition did not cause the injuries you are seeking compensation for.
This means you are generally entitled to compensation for your damages without regard to your pre-existing injury or condition. You may also be entitled to compensation if your pre-existing condition or injury was worsened by the accident you were involved in. Since this is one of the most complex areas of personal injury laws, it is crucial to get an experienced attorney working on your case so you can protect your personal injury settlement.
How to protect your personal injury settlement when you have a pre-existing condition
You do not have to let a pre-existing injury prevent you from obtaining the compensation you deserve. When you are wondering, “Can I claim if I have a pre-existing injury?” the answer is almost always yes. There are personal injury laws in place that protect you when insurance companies attempt to utilize your pre-existing condition for their benefit.
One of the most well-known is called the “eggshell plaintiff” theory. Here, you should imagine your skull being as fragile as an eggshell. If you were injured because of someone else’s negligence, your skull is more likely to shatter than someone who does not have a pre-existing condition. In this way, your pre-existing injury will have an impact on the injuries you sustain in your accident. Your injuries may be worse than the average person’s, but the liable party is still responsible for covering your damages in full.
Injured with a pre-existing condition? Our team is ready to help protect your rights.
Your pre-existing condition may have a substantial impact on your life. However, it should have little to no influence on your personal injury settlement. We will not allow insurance to use your pre-existing condition against you when it is irrelevant to your personal injury claim or your condition was worsened by the accident.
You can rely on our Chicago personal injury attorneys to demand the insurance company pay you fair compensation for your damages. Learn more about how to tackle your pre-existing condition concerns when you contact Horwitz, Horwitz & Associates for a free, no-obligation consultation. Get started on your case as soon as today when you fill out our online contact form or call us at (800) 985-1819.