Imagine this: you’re in a car accident, shaken but thankfully not seriously hurt. But then the worry creeps in – what about that old back injury you’ve been managing? Will it complicate your insurance claim? Many people find themselves in this situation, concerned about how pre-existing conditions might affect their ability to receive fair compensation.
Any health issue you had before the accident can affect how insurance companies handle your personal injury claims. Understanding how these conditions impact your claim is crucial for protecting your rights.
This blog post, part of our series on why insurance adjusters might reject or devalue your claim, explores how previous health issues can lead to claim denial. We’ll also touch on other common reasons insurance adjusters might use to minimize your payout.
To help you navigate this complex issue, we’ll begin by defining pre-existing conditions.
What are Pre-Existing Conditions?
Between 50 and 129 million non-elderly Americans—a significant portion of the population—live with a pre-existing health condition. These are any medical conditions that existed before an accident.
Think of conditions like arthritis, back injuries, diabetes, or even past fractures. They become relevant in personal injury claims when an accident aggravates or worsens these prior health problems.
It’s also important to distinguish between asymptomatic and symptomatic conditions. An asymptomatic condition does not currently cause noticeable symptoms, while a symptomatic condition actively causes pain or other issues.
For example, a person might have degenerative disc disease (an asymptomatic condition) that only becomes painful after a car accident. Asymptomatic and symptomatic conditions can affect how insurance companies evaluate claims, especially when severe injuries result from the accident.
Protecting Your Claim When You Have a Pre-Existing Condition
Protecting your claim when you have underlying health problems requires careful attention to several key areas. Here’s what you should do:
Documentation is Key
Meticulous medical history is crucial. Gather all relevant medical records before and after the auto accident. This documentation establishes the baseline of your health and clearly demonstrates any changes or aggravations resulting from the incident. Thorough records strengthen your accident claims and help your lawyers build a solid case.
Seek Medical Attention Immediately
Prompt medical care is essential for two reasons. First, it addresses your immediate health needs. Second, it creates a crucial timeline of your injuries, linking them directly to the accident. This timeline is vital when dealing with insurance policies and pursuing an accident settlement.
Be Honest and Transparent
Openly disclose your medical conditions to your attorney. This includes informing them if you were under a doctor’s care before the incident for any conditions. It’s also crucial to tell your attorney if you were ever involved in an injury claim or sustained other injuries in the past.
However, exercise caution when communicating with the insurance company. While honesty is important, be mindful of how your words might be interpreted or used against you. Your attorney can guide you on the best way to present your medical history.
Consult our Personal Injury Lawyer in Sacramento
If a pre-existing condition is involved, legal representation is highly recommended. Our personal injury lawyer in Sacramento can provide invaluable assistance.
They understand local laws and have experience negotiating with insurance companies in the region. They can help accident victims navigate the complexities of pre-existing conditions and work towards a fair settlement.
Claim Denial and Pre-Existing Conditions
Claim denial based on a past medical condition can be frustrating. If this happens, don’t give up. You have the right to appeal the decision. Legal representation is crucial here. An experienced accident attorney in Sacramento can help you handle the appeals process and demonstrate how the at-fault driver’s actions aggravated your health issue.
Remember, you’re not claiming damages for the pre-existing condition itself but for the additional suffering caused by the accident. The existence of a medical condition can explain the extent of your suffering.
Fight for Your Fair Settlement
Protecting your rights when previous health issues are involved requires careful documentation, prompt medical attention, honesty, and legal counsel. If you are dealing with insurance claims after accident in Sacramento, consulting with our award-winning lawyers is invaluable. Contact us today for a free consultation to discuss your specific situation.
