A pre-existing condition is a medical condition that the victim had before the personal injury incident and contributed to injuries they suffered because of the liable party’s negligence.
Many victims are under the impression that they will be unable to recover any compensation if they have a pre-existing medical condition. However, this is not true. While it does affect your claim, you can recover other damages. If you are in such a situation, injury attorneys Huntington Beach can help you seek fair compensation.
What do you need to prove if you have a pre-existing medical condition to receive compensation?
The liable party cannot be held responsible for the injuries you incurred because of your medical condition. However, if their negligence worsens your condition and causes other injuries, they are required to compensate you for the subsequent treatment charges, lost wages, and pain and suffering.
- Medical records.
It is always recommended to seek medical aid immediately after an accident. Document the results of medical tests, any treatment procedures, and rehabilitation programs you underwent because of your injuries. Past medical records pertinent to your condition and the records after the personal injury occurred are compared to prove that your pre-existing condition worsened or led to new injuries because of the negligent party’s conduct.
- An expert’s opinion.
Medical expert witnesses can analyze your injuries and the changes in your condition after the personal injury to testify in court that you suffered damages because of the negligent party. The healthcare professional that treated you can also help provide you with an opinion in your favor.
Why do you need a lawyer?
The existence of a pre-existing medical condition can complicate the procedure of you seeking compensation to recover your physical, mental, and economic damages. A lawyer in Huntington Beach carefully assesses your situation and helps you gather the proper evidence to prove the other party’s liability to compensate you. The negligent party and insurance firms may blame your pre-existing conditions entirely and refuse to compensate you. Your lawyer does not allow you to suffer losses and aggressively negotiates with them to ensure you receive your rightful compensation. In case of disagreements, they have the skill set to represent you in court.
While navigating the process involved in a personal injury claim is complex enough, a pre-existing medical condition can cause you further distress. The presence of an experienced lawyer can significantly increase the chances of you having a favorable outcome.