Did you know that after a personal injury like a car accident, the at-fault insurance company will try to use your medical history against you… Even when you did nothing wrong? Having a preexisting medical condition is common, but often a contentious aspect of personal injury cases.
At Bottaro Injury Lawyers we stand up for regular people’s legal rights, regardless of your preexisting medical condition. Throughout Rhode Island and Massachusetts, we know how car insurance companies and others try to use your medical history against you. We can help! Today, here are major things to know in order to win your personal injury case including your preexisting medical conditions.
What is a “Preexisting Condition” And How Does It Relate To Personal Injury Lawsuits Like After A Car Accident?
In the context of personal injury law (including as it relates to car accident cases), lawyers and judges generally use the term preexisting condition to mean a medical condition, illness, pain, or injury that existed before your car accident.
For example, let’s say that you’ve been dealing with a fractured leg before your personal injury. Obviously, you’ve been dealing with this before your accident. This is considered a preexisting condition.
How Do Insurance Companies And Defense Lawyers Use My Preexisting Medical Condition Against Me In A Personal Injury Case?
Your opponents in your personal injury case (defense lawyers and insurance companies who pay them handsomely), will basically argue that your preexisting medical condition indicates that you were already injured before the negligence and therefore should not be awarded money.
For example, in the fracture leg scenario above, if you were then in a car accident but suffered no proven worsening or new injury, then you would not be able to prove a right to monetary compensation.
In other words, you cannot recover for your preexisting condition by itself. Since your medical condition, illness, pain, or injury existed before the accident, the at-fault party and insurance companies do not have a legal obligation to pay for your pain or treatment.
Can I Receive Compensation For Any Aggravation To My Preexisting Condition?
On the other hand, if the negligence causes you to suffer an aggravation to your preexisting medical condition, then legally you may seek money damages due to that aggravation. But it will take a skilled personal injury lawyer to secure your compensation!
Again, let’s say that your pain level from the fractured leg was stable before the negligent act. But after, doctors found you had increased pain and that a post negligence x-ray showed a worsening fracture. Since the at-fault driver exacerbated your preexisting condition, than the insurance company should pay up!
How Can I Overcome Defense Arguments To My Preexisting Condition In My Personal Injury Case?
Just because the at-fault driver’s insurance should cover aggravation to your preexisting condition doesn’t mean they won’t put up a fight. Below are some common issues. At Bottaro Injury Lawyers, we maintain our edge over other personal injury lawyers by taking the time to get to know our clients to prepare for battle against insurance companies.
Car Insurance Companies Will Try To Say That Your Preexisting Condition Was Not Exacerbated In The Accident. They Will Do This By:
Scrutinizing your medical records.
Car insurance companies, even your insurance company, will do anything they can to protect their bottom line. In other words, they want to pay out as little as possible, no matter how severe your injuries are. Therefore, they will endlessly scrutinize your medical records and try to prove that your injury existed at the same level it did before the accident. In our fractured leg example, a car insurance company will say that your injury was already bad – you were already experiencing pain, so why would you be compensated for it? Not on our watch. We’ll also review your medical records and likely contact your doctors, experts, and/or other professionals to attest to your injuries.
Talking to you.
Car insurance companies, even your insurance company, are not your friend! Do not speak with a car insurance representative unless and until you speak with a skilled personal injury attorney first. While car insurance representatives will play nice and pretend to be your friend, they will try to twist your words into proving that your condition existed before the accident. They’ll get you to talk about your pain and play the sympathy card to get more out of you. Don’t give them the chance!
Reviewing your social media posts.
If the insurance company is concerned enough – and they often are – they will review your social media posts for proof of a preexisting condition that was not intensified after the accident. While we don’t necessarily encourage you to delete your social media accounts, we urge you to refrain from engaging with social media during your case. Worried about social media? Call us to help you through it.
It is not uncommon to have a preexisting condition, and having one shouldn’t automatically prevent you from receiving the compensation you deserve after your injury. Call us now: We look forward to helping you navigate your car accident (or other personal injury) case!
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Feel free to text or call us at 401-777-7777 or fill out our free and confidential online form. We are here to serve and help you!