There are more to personal injury claims than you may have imagined. If you are already suffering from pre-existing ailments and deformities, it can complicate the accident claims. But that said, never fall prey negative mindset. Whether you have a pre-existing condition or not, never back away from filing compensation claims for the injuries.
You are not alone. There are hundreds of cases where victims of pre-existing conditions were approved compensation against injuries caused due to accidents. But in all such cases, the court of law works based on substantial evidence. You prove your situation through valid evidence; it’s 100% assured that your personal injury compensation claim will be sanctioned legally.
What is a Personal injury lawsuit?
A personal injury lawsuit is filed when a person suffers from an injury or accident because of someone else. The lawsuit is filed in the court of law against the defendant to claim for compensation for the damage caused (physically and mentally) due to the accident/injury.
A personal injury lawsuit is a civil claim and the case will proceed through civil proceedings.
There are two ways through which the settlement for personal claims can be carried out:
Formal Lawsuit – A formal lawsuit is filed by the plaintiff against the person, agency, business, or organization accused of causing personal injury to the plaintiff. The case is held under the civil court of law. The claimant will file a lawsuit, putting forth the accusation that the personal injuries are a result of careless or irresponsible acts by the defendant.
Informal Settlement – An informal settlement takes place when both the parties, the claimant as well as the defendant, acknowledges on settling the disputes and claims outside the court. The settlements are done in the presence of the parties, their insurance agents, and attorneys. This is also known as Negotiation Act where both sides tend to opt for a settlement through a written agreement and get the matter resolved at the earliest.
How to approach with the proceedings?
If you are going to claim for compensation against a personal injury case, seek help of a legal professional. Appoint an attorney having long years of experience in handling personal injury cases and proceedings. An expert attorney will look into your matter, and focus on any pre-existing health conditions prior to the accident, and developing a perfect case model to proceed before the court of law.
An expert attorney will prove through sheer expertise your deteriorating condition post the injury irrespective of any pre-existing ailment. Planning the proceedings is a big part of the process. Never hide anything before your attorney. Be totally transparent and provide the professional with all the medical documents and other evidence you have. Also, make sure you present before the attorney all the insurance papers for reference.
Pre-existing Conditions That May Impact Personal Injury Claims
Certain factors can play an upper hand in figuring out the final outcome of the claim proceedings. However, appointing a seasoned professional attorney having years of experience in personal injury claim settlements can pave ways to create a positive outcome.
The question: what exactly do I mean by the pre-existing condition? How is it related to personal injury lawsuits and claim proceedings?
Pre-existing conditions primarily points to any sort of mental or physical condition that the claimant might have experienced prior to the occurrence of the injury.
- Here are some common pre-existing health conditions:
- Heart condition
- High blood pressure
- Degenerative disc disease
- Spinal stenosis
- Type 2 diabetes
- Complications arising as a result of previous medical treatments
- How to deal with pre-existing conditions?
Before filing for a personal injury claim, you need to sit with your attorney and be totally transparent about your pre-existing condition. This will allow the attorney to develop a case accordingly.
Full disclosure before the attorney will allow the legal professional to create a solid reference point, through help from medical professionals, and targeting necessary areas to ensure that you receive fair compensation. Unless you are transparent regarding your pre-existing condition before the attorney, it may result in degrading the chances of a fair settlement. In worst case scenarios, your claim may face denial by the court.
The Importance Of Medical Evidence
If you, as the plaintiff, have some pre-existing condition, medical reports can prove to be helpful while filing a personal injury lawsuit. Medical records can offer a clear view of your health conditions prior to the injury or accident.
These medical reports can play a vital role in determining the amount of damage that you suffered due to the injury or accident, excluding the pre-existing health condition. The attorney you hire for the case will gather your medical test reports (before and after the accident), medical expert testimonies, and physician reports. These documents will act as valuable evidence to prove the validity of your claim.
Make sure you have in possession all the medical reports pertaining to your health. These reports will play a big role in outlining your overall health profile. Medical documents before the industry and post the injury are necessary. Comparing these documents will help in determining your health condition due to the accident.
How your life has affected as a result of the injury can be best judged through the medical documents.
The defendant will never want to pay any claim amount to the plaintiff. This is natural. If you have an insurance claim, the company will try to complicate the situation. And when there is a pre-existing condition for the victim, insurance agents or the defendant will make every effort to get away from paying any compensation amount.
They will always make the best of an attempt to pinpoint on the victim’s pre-existing condition and held it responsible for the injury caused. Hiring an experienced attorney will help in fighting the court proceedings and legal hassles. The claim can be settled within the court or outside. It all depends on the proficiency level of the attorney and how well he/she handles the case.