How Pre-Existing Conditions Affect a Denver Personal Injury Claim

Accidents are uncontrollable events that can topple a person’s life. They can cause serious physical and psychological trauma. Some injuries heal in time, while others leave a lasting scar. In some cases, accidents also cost precious lives.

The sad truth is that nobody is safe from these traumatic events. You could be the safest driver in Denver, and there are still chances that someone will rear-end you. The stats back this up as well. A DRCOG report states that nearly half of all accidents in Denver are rear-end accidents.

With a population of over 2 million, one can expect disaster to strike at any time. This is why it is recommended to have the contact information of a Denver personal injury attorney handy. They will find out about complications in your case and help you get the compensation you deserve.

When talking about complications, one cannot ignore pre-existing conditions. Yes, pre-existing conditions have a role to play in personal injury claims. The purpose of this article is to educate the reader about what a pre-existing condition is and how it will impact a personal injury claim.

What is a Pre-Existing Condition?

A pre-existing condition is something that a victim suffered from before their current condition. For example, if you already had a puncture wound and broke your leg in a slip-and-fall accident, the puncture wound would be considered a pre-existing condition.

Aside from the example, multiple conditions fall under the category of pre-existing conditions. They are,

• Chronic pain
• An injury that was in the healing stage
• Prior psychological issues

Pre-existing conditions have a role to play in a personal injury claim. After an accident, it is the responsibility of the victim to prove the state of their pre-existing condition. 

The Positive Impact of a Pre-Existing Condition

When seeking compensation for a personal injury, a victim must list all the damages they have suffered. This includes expenses incurred to treat the injuries they have suffered.

When talking about pre-existing conditions, the injury claim gets tricky. The victim has to prove that their pre-existing condition has worsened due to the accident.

The victim can support this claim by providing the relevant documents. This mainly includes prescriptions, proof of doctor visits, medical records, and testimonials from healthcare providers.

The above evidence should prove 2 things.

1. You had an injury, and it worsened due to the accident.

2. You were in the recovery stage of an injury/health condition, and the accident created fresh wounds.

With sufficient proof to back up your claim, you can receive just compensation for the injuries you have suffered.

The Negative Impact of a Pre-Existing Condition

A pre-existing condition has its negatives as well. In a personal injury case, a pre-existing condition may lead to lower compensation. The insurance company/defendant may argue that your injury isn’t serious because you already had one.

The defendant/insurance company may also counter a personal injury claim by stating that the pre-existing condition was the cause of the accident. If the victim didn’t have a pre-existing condition, the accident may never have happened.

In instances like this, the victim needs to provide documents that back up their statements. Failure to do so may lead to a decrease in the compensation amount or the denial of the claim.

What Should a Victim Do?

Concealing a pre-existing condition in a personal injury claim is never a good idea. They will eventually crop up, and when they do, they bring more trouble for the victim.

In moments like this, the victim should provide sufficient proof to support their claim. The defendant/insurance company will try all the tricks in the book to reduce or deny compensation. The victim must seek the help of an experienced personal injury attorney to make sure they end up on the winning side of a personal injury claim.

Wrapping Up

Like other complexities in a personal injury claim, pre-existing conditions can be tackled as well. But you need the help of an attorney who has expertise in dealing with similar situations. With an attorney’s assistance and some cooperation from your side, you can be sure to get the compensation you seek.