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Auto Accidents And Pre-Existing Conditions: What You Need To Know

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If you are involved in an auto accident that exasperates a pre-existing condition you have, you may have many questions. A pre-existing condition is a condition or injury that you already have, such as a bad back or neck injury. Here are three questions frequently asked by people who find themselves in a situation similar to yours.

What Am I Entitled to If I File a Personal Injury Claim for a Pre-Existing Condition?

When you file a personal injury claim, you are entitled to be compensated for medical care that gets you as close to the condition you were in prior to the accident. This does not change just because you have a pre-existing condition. You are also entitled to compensation for any medical care that you will need in the future as a result of this accident. If you would have needed the treatment due to your existing condition, you are not entitled to compensation for it. Lastly, you are still entitled to compensation for any lost wages you sustained as a result of the accident, as well as money for pain and suffering.

How Do They Determine What My Baseline Condition Prior to the Accident Was?

When you have a personal injury claim, you are entitled to the cost of medical expenses that help to get you back to your pre-accident state. However, this may make you wonder how you prove what your pre-accident condition was. For example, if you have a bad back, how do you prove just how bad your back was before and how much pain you were in before versus what you are feeling now? Typically, attorneys and insurance companies will subpoena your medical records. Your doctor may have x-rays, MRIs, and CT scans that can be used to compare your pre-existing condition to your post accident condition. Additionally, many doctors will ask you how you have been feeling and what your pain level has been. If you have not had much pain in the months leading up to the accident, and now you are in severe pain, it stands to reason that the accident, not your pre-existing condition, triggered this pain.

How Can a Car Crash Attorney Benefit Me If I have a Pre-Existing Condition?

There are many benefits to hiring a personal injury lawyer if you were involved in a car accident. They can help you file your claim prior to the statute of limitations expiring. An attorney will file all of the forms and papers for you, so you don't have to worry about anything being kicked back or denied due to errors. And an attorney will help ensure you receive a fair settlement for everything you are entitled to. If you have a pre-existing condition, hiring an attorney can be even more valuable. Proving what your condition was prior to the accident is not always black and white. Due to the subjective nature involved, hiring a car crash attorney who can help argue what your baseline condition was and provide documentation to argue your case can be beneficial.

It is not uncommon for an insurance company to argue that the symptoms you are experiencing are a result of a pre-existing condition, rather than the new accident. When this happens, they can try to deny you coverage or limit the care that you are entitled to. Knowing what you are entitled to can help you stand your ground. If you were injured in a car accident and you have prior conditions that were exasperated or re-injured, consult with a car crash attorney to discuss what the best course of action is to bring your claim to a fast resolution while getting the maximum amount of money allowed by law.