• Recent

    Understanding the Impact of Pre-Existing Injuries in Motor Accident Claims


    Understanding the Impact of Pre-Existing Injuries in Motor Accident Claims

    Understanding the Impact of Pre-Existing Injuries in Motor Accident Claims

            When it comes to motor accident claims, pre-existing injuries can have a significant impact on the case. Here's a detailed explanation of how pre-existing injuries can affect motor accident claims:

    Aggravation of Pre-Existing Injuries: 

    If you have pre-existing injuries or medical conditions, a motor accident can aggravate those injuries. The impact of the accident may worsen your existing condition or lead to new complications. In such cases, you may be entitled to compensation for the aggravation of pre-existing injuries.

    Causation and Liability: 

    One of the primary considerations in a motor accident claim is establishing causation and determining who is at fault. If you had pre-existing injuries, the insurance company or the defendant may argue that your current injuries are a result of your pre-existing condition rather than the accident. They may attempt to downplay the significance of the accident in causing your injuries or deny liability altogether. It becomes crucial to gather medical evidence and expert opinions to demonstrate the causal link between the accident and your injuries.

    Increased Damages: 

    If the accident exacerbates your pre-existing injuries, you may be entitled to increased damages. This can include compensation for medical expenses, pain and suffering, lost wages, and diminished earning capacity. The damages awarded will depend on the extent of the aggravation and its impact on your daily life and future prospects.

    Apportionment of Damages: 

    In cases where there is a pre-existing injury, the court or insurance adjusters may apportion the damages between the pre-existing condition and the injuries caused by the accident. They will assess the extent to which the accident contributed to your injuries and assign a percentage of fault accordingly. The compensation you receive will be based on this apportionment.

    Expert Medical Opinions: 

    Expert medical opinions play a crucial role in assessing the impact of pre-existing injuries. Medical professionals specializing in the relevant field can provide expert testimony to establish the causal connection between the accident and the aggravation of your pre-existing condition. They can provide comprehensive medical reports detailing the progression of your injuries and the impact of the accident on your overall health.

    Pre-Existing Condition Disclosures: 

    It is essential to disclose your pre-existing injuries or medical conditions to your attorney and insurance company. Failure to disclose this information can have adverse consequences for your claim. It can be perceived as dishonesty and may undermine your credibility. By providing complete and accurate information, you allow your legal team to build a strong case that takes into account your pre-existing injuries.

    Medical Records and Documentation: 

    Thorough documentation of your pre-existing injuries and medical history is crucial. Obtain copies of your medical records, including previous diagnoses, treatments, and any ongoing medications or therapies. These records will serve as important evidence to demonstrate the existence and extent of your pre-existing injuries.

    Expert Legal Advice: 

    Dealing with pre-existing injuries in a motor accident claim can be complex. It's important to consult with an experienced personal injury attorney who can assess the unique circumstances of your case. They can guide you through the legal process, help gather evidence, engage medical experts, and build a strong argument to ensure your pre-existing injuries are appropriately considered in your claim.

            In summary, pre-existing injuries can significantly impact motor accident claims. It's important to gather thorough medical documentation, engage expert opinions, and work with an experienced attorney to ensure your pre-existing injuries are properly considered in your claim. By doing so, you increase your chances of obtaining fair compensation for the aggravation of your pre-existing injuries caused by the motor accident.

    No comments