Getting injured in an accident caused by someone's negligence typically warrants a call to your attorney to file an insurance claim for injuries. However, pre-existing injuries can often be a factor in an injury case that must be discussed with your legal counsel. In some instances, the negligent party's attorney may try to have the claim reduced completely, so it is important to have your attorney help you in cases where pre-existing injuries are present. The following questions should be considered before making an insurance claim:
How Will a Pre-Existing Injury Affect a Claim?
One of the most challenging areas that can result in a reduced claim is the insurance company not wanting to pay for injuries of someone with a pre-existing condition. They will often argue that there was an injury that pre-dated the accident and that the responsible party did not cause the full extent of the injury. Some companies may even attempt to claim that the injured party is trying to take advantage of the negligent party by making a false claim.
How Will the Insurance Company Prove a Pre-Existing Injury?
After an accident, the insurance adjusters must accept the condition of the victim immediately prior to the accident and base the level of injury from that point. Insurance companies may want to look into the victim's medical history in order to make the argument that the injuries from years past are not due to the current accident, but are from a prior incident.
However, if there are no medical records for recent treatment prior to the accident, the insurance company cannot prove the injuries were caused by a previous incident. Even if there is proof of a pre-existing injury, the law mandates that victims are still eligible for compensation for aggravation of that injury.
Is it Difficult to Find an Attorney to Take a Pre-Existing Injury Case?
Injury attorneys with years of experience do not often consider a pre-existing injury case a problem. These attorneys are well versed in this area of the law and have spent years battling insurance companies for fair claims for their clients. They are very familiar with the process and the required proof needed to prove a case.
If you are a victim of a negligent accident, it is crucial to seek the assistance of resources like Putnam Lieb. You stand to receive a much higher claim than if you tried to settle the case yourself. Seek referrals for an attorney as soon as you are able after an accident so that you can preserve any evidence immediately following the incident.