Can a Pre–Existing Condition Hurt My Car Accident Case?

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The injuries sustained in a car accident can sometimes be severe and, whether they are or not, the injured individual has the right to seek compensation against the other driver to pay medical costs associated with said injuries. While it is fairly common knowledge that this is the case for injuries that originate from a car accident, does it apply to pre-existing conditions as well? The answer to this question varies completely depending on the nature of the condition and accident.

For the most part, pre-existing conditions cannot be part of a car accident claim because they had nothing to do with the accident itself. There are exceptions to this rule however and these exceptions are worth noting if you or someone you know falls into this kind of situation. If the pre-existing condition was aggravated or made worse by the car accident injury, then it is possible to include treatments of it to the claim.

For example, if someone commonly experiences chronic back pain and an auto accident causes this pain to flare up, then that person may indeed claim treatment as part of their lawsuit. This is primarily because the extra treatment would not have been necessary if the accident had not re-aggravated the injury. The same kind of situation could apply to brain injuries and broken bones as well. Any extra treatment that is necessary, such a pain medication or doctor visits, could then be claimed even though the original affliction was present already.

The aggravation of pre-existing conditions is a completely legal practice, but insurance companies will often try to fight such a claim. This is why it is important to have a skilled and experienced attorney on your side that will fight for and with you to see your case won and compensation awarded. To learn about how we at the Franco Law Firm can serve you in this role, please call us any time at (813) 872-0929.