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The Impact of Pre-Existing Medical Conditions on Car Accident Claims



The Impact of Pre-Existing Medical Conditions on Car Accident Claims

Pre-existing medical conditions can have an impact on car accident claims in Colorado. According to car accident attorneys, factors that aggravate your pre-existing conditions, including car accidents, are not always within your power to control, but you are entitled to seek compensation for your injuries and aggravation of pre-existing medical conditions.

The most important thing is to seek medical attention right away so that you can prove that the accident caused the aggravation of your pre-existing medical conditions.

A personal injury attorney can help you establish the link between your car accident and its effect on your pre-existing medical conditions. They can also help you receive compensation for emotional trauma, property damage, lost wages, pain and suffering, and more.

To ensure that your rights are protected and you receive fair compensation for your injuries, the aggravation of any pre-existing medical conditions, and other damages, consult a personal injury lawyer right away and take action. Here is how pre-existing conditions can impact car accident claims.

Aggravation of Pre-existing Conditions

In most instances, if you have pre-existing medical conditions that were worsened due to a car accident, you may be eligible to seek compensation.

For example, suppose you had a back injury before the accident, and the accident caused further damage to your back. In that case, you can pursue a claim for compensation for the exacerbation of the injury.

Causation and Medical Documentation

The most critical aspect of successfully pursuing a claim for the intensification of your pre-existing medical condition will be to establish a clear causal link between the car accident and your pre-existing condition.

To do this, you will need proper medical documentation and expert opinions to support your claim. Medical records, diagnostic tests, and opinions from medical professionals can help demonstrate how the accident directly contributed to the worsening of your condition.

Insurance Adjusters and Defense Arguments

Although you are entitled to seek justice for the worsening of your pre-existing condition, that doesn’t necessarily mean you won’t encounter some resistance. For example, insurance adjusters and defense attorneys may try to argue that your pre-existing condition, rather than the car accident, is responsible for your current medical condition.

They may contend that the accident had little or no impact on your pre-existing condition or that your symptoms are solely attributable to that condition. This is why it’s important to anticipate these arguments and build a strong case with supporting evidence to counter such claims.

A personal injury attorney can help you gather the necessary evidence to back up your claims, they will also ensure that you are fairly compensated for your damages.

Comparative Negligence

Colorado follows a modified comparative negligence rule. In other words, it means that if you are partially at fault for the accident, your compensation may be reduced based on your percentage of fault.

Insurance companies and defense attorneys may attempt to argue that your pre-existing condition contributed to the accident or its severity, potentially reducing the amount of compensation you are entitled to.

It is a common defense tactic used to shift blame and minimize claims. This is why working with a professional personal injury attorney is essential. Proving that your pre-existing medical condition did not affect your driving abilities is essential. Your attorney can collaborate with experts in medical fields to give expert testimonies about your pre-existing medical condition and how it affects you.

Independent Medical Examinations

In some cases, the insurance company may request an Independent Medical Examination (IME) to assess the extent of your injuries and how they affect your pre-existing condition.

It’s important to approach IMEs with caution, as the examining physician may not be unbiased due to a relationship with the insurance company. Therefore, if you decide to participate in an IME, be very careful about what you say, as it can be used against you.

Do not let the discoveries of the physician conducting the IME discourage you from pursuing your claim, as the results can be contested. It’s advisable to consult with your attorney before attending an IME to ensure that you are prepared accordingly and that your rights are protected.

Expert Testimony

Car accident claims, even when pre-existing medical conditions are involved, do not necesarily have to go to trial. With a good personal injury attorney by your side, you can resolve the issues via settlement.

However, when the other party and their insurance company do not accept a settlement offer, you have the right to initiate a lawsuit against them. This is where your attorney will advise you whether or not you have a good chance of winning your case.

In complex cases involving pre-existing conditions, expert testimony from medical professionals is crucial to establish the link between the accident and the aggravation of your condition. An expert witness can provide an unbiased opinion on causation and the accident’s impact on your pre-existing condition.

Generally, attorneys who deal with personal injury cases have access to expert witnesses. If you decide to take your case to court, your attorney will use them to provide their expert testimonies.

Consult With a Personal Injury Attorney

Dealing with pre-existing medical conditions is hard, but when those conditions are aggravated due to someone else’s negligence in a car accident, it can be disheartening. You should not engage in this fight alone. Consider contacting a personal injury attorney to help you seek justice and fair compensation for your injuries, the exacerbation of your pre-existing condition, emotional trauma, property damage, lost wages, pain and suffering, and more.

There are many things you are entitled to that you may not be aware of. However, when you work with a personal injury attorney, you will receive the necessary legal guidance to navigate the legal processes and attain justice.

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