Can You Get A Settlement For An Aggravated Pre-Existing Medical Condition?

If you’re the plaintiff in a car accident, you should know that you’re entitled to a settlement that will cover any bodily injuries or property damage that you may have incurred in the accident. Know that it won’t be an easy process since the defendant’s insurance company will try to lowball or avoid paying you the settlement that you want, need, and deserve.

Note that it can be harder for you to get the settlement that you deserve, especially if you have a pre-existing condition. That’s why you need to hire a good personal injury lawyer who can navigate the legal system and win you a hefty settlement.

The Types of Pre-Existing Conditions that a Car Accident Can Aggravate

Many people have bad medical conditions even before they get into a car accident. It’s just that the car accident can and often does aggravate these. Some of these are:
● A pre-existing condition like a Traumatic Brain Injury (TBI) may or may not have been caused by a concussion.
● Back problems
● Prior bone fractures or broken bones
● Hernias
● Pre-existing knee and shoulder conditions
● Recent surgeries
● Fibromyalgia

Note that a car accident, especially a bad one, can reverse any progress you’ve been making in terms of healing. In fact, it may even make your pre-existing condition even worse. The issue is that insurance company adjusters tend to use pre-existing conditions (once they find out about these) to reduce your final settlement amount.

You need to contact a good lawyer if you have a pre-existing condition. They will be able to guide you on the best legal course of action to take. He or she will inform you that you may still have recourse if the defendant’s actions aggravated your existing conditions according to the eggshell rule.

The eggshell rule defined

You are not alone if you were wondering what the eggshell skull rule is. Basically, it’s designed to protect you if your pre-existing condition is worsened by your car accident. That means that you’ll still be able to collect the settlement that you want, need, and deserve. It’s especially true if you can provide proof of this in terms of medical bills and receipts.

Never take the first settlement offer

Don’t be surprised if the defendant’s insurance company offers what appears to be a meager settlement amount right away. This is called lowballing and it’s standard practice in the insurance industry. The insurance company is hoping that you’ll be intimidated into accepting a lower settlement right away so that you can’t ask for a larger settlement later on. Don’t fall for it. You can get a much higher settlement if you hold out.

Consult a good personal injury lawyer in Sarnia. This person is experienced in calculating the right settlement amount for you. The professional will also increase your likelihood of winning this settlement, either in or out of court!