Pre-Existing Conditions And How They Can Affect Your Injury Claim

If you have sustained injuries in an accident, it is vital that you can prove that your injuries are directly related to the accident. But what happens if your claim has been denied because the insurance company has determined that your injuries were a pre-existing condition? This is when having a Sarnia injury lawyer on your side is vital to getting the compensation you deserve.

Insurance Companies Will Use Pre-Existing Conditions to Deny Claims

Many people go into an injury claim with existing health issues that pre-dated their injuries. These are called pre-existing conditions. But many insurance companies will use these to deny or downplay injury claims and settlements. When it comes to injury claims, it is vital to be able to prove that your injury is directly related to your accident. But there are also times when an accident has aggravated a pre-existing injury. And this is where navigating insurance claims can become complicated.

Has Your Condition Worsened?

When it comes to a pre-existing condition, it becomes imperative to prove that although it was not caused by the accident, it was worsened by it. Because insurance companies look for ways to deny or downplay claims, they will attempt to prove that your injury existed before the accident in question and compensation for it is not due the victim. But an injury lawyer knows the laws surrounding pre-existing conditions and can work on your behalf.

Legal Concepts Surrounding Pre-Existing Conditions

There are a few legal concepts that address pre-existing conditions. One, called the thin skull rule, states that a defendant can be liable for the victim’s injuries even if a pre-existing stable condition made him or her more susceptible to injury. Another, called the crumbling skull rule, is a limitation to the thin skull rule. It states that although the victim has an unstable pre-existing condition, compensation is still due for any additional damage to the condition. If it can be proven that the pre-existing condition worsened due to the accident and would not have done so otherwise, the defendant can be held liable. In this case, the compensation is designed to return the victim to the state her or she was at prior to the accident.

Supporting With Evidence

When you are filing a claim with a pre-existing condition, you will need to support that claim with evidence that the condition has been aggravated. This will require that you prove the nature of your condition, the stability of that condition prior to the accident, and how the accident made the condition worse. To do this, it requires detailed medical records and proof that you were receiving regular medical attention for the condition and following the medical advice given.

Have a Lawyer on Your Side

If you have been denied a claim due to a pre-existing condition, call the Sarnia personal injury lawyers at BLFON Personal Injury Lawyer, We have experience representing victims who have been wrongly denied compensation for their injuries. Call us today for a no-cost consultation.