If you get involved in an accident and you have made your personal injury claim, however, what will you do if your insurance company or the at-fault driver’s legal team asks you about your pre-existing injuries? In this situation, seeking legal guidance from Albany Personal Injury lawyers can be in your best interest. They will properly guide you about your situation and strategies to overcome them. However, in this blog, you will learn about the impact of pre-existing injuries on your personal injury claim.
Understand the pre-existing injuries.
If you want to learn about the impact of pre-existing injuries, it is better to understand what pre-existing injuries are. Pre-existing injuries are the injuries that you have got before the accident for which you have made a personal injury claim. Therefore, you must disclose it to your accident attorney and your insurance company before you file a claim.
Impact of pre-existing injuries on your claim –
- If your pre-existing injuries are found, the first impact it will have is to complicate your case. The legal team of the opposition party or the insurance company will surely raise this issue to not let you have the maximum of your claim. Indeed, if it is found that you got those injuries before the accident, then it will also complicate your claim.
- Another impact it will have is your opposition party will ask for a comparative fault case, and this will state that some of your injuries are before the accident and some of them are after the accident. This will probably put your case in critical condition and will reduce your compensation, too.
- If your pre-existing injuries are found or the opposition party has asked for a comparative fault case, then the court will appoint an expert witness for your case. The expert witness will do their job and differentiate your injuries. However, this will prolong your claim and maybe reduce your compensation.
These are the impacts of your pre-existing injuries on your injury claim. Moreover, some strategies can help you avoid bearing these impacts.
- The first strategy is to be transparent. This means that you have to be completely honest with your attorney and your insurance company before making a claim. They must be informed about your pre-existing injuries.
- In case of a pre-existing injury claim from the other party, it is better to document everything you can. You must attach all the medical records and bills for the injuries you sustained after the accident.
- Hire an expert witness for your case because he/she will easily prove all the injuries you have sustained after the accident. In addition, he/she can even prove how this accident has worsened your pre-existing injuries.
Contact your accident attorney today!
If you made a personal injury claim, make sure you understand the impacts of pre-existing injuries and consult your attorney immediately.
