How Do Pre-Existing Medical Conditions Affect A Personal Injury Settlement?
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How Do Pre-Existing Medical Conditions Affect A Personal Injury Settlement?

Personal Injury Settlement?

If you have an old injury it does not mean you are unable to receive personal injury compensation. Every personal injury claim is unique, which is why you should work with a personal injury attorney to advise you. Based on your circumstances, it could be possible for you to receive personal injury compensation. It would be unfair to not receive compensation for damages you have experienced. If there is sufficient evidence to prove another party caused you a severe injury, your attorney can fight for compensation.

Types Of Pre-Existing Medical Conditions

If you have a pre-existing condition it does not mean you will be denied a personal injury settlement. Any new injuries caused by a personal injury will be compensated. According to 1- 800-Injured, examples of pre-existing medical conditions include the following:

Congenital And Birth Defects

Congenital issues that appear during newborn development cannot be associated with any new accidents. This includes any birth defects that appeared pre and post-birth. These medical conditions existed years before your personal injury. Any medical bills related to birth defects cannot be included in a personal injury settlement.

Previous Injuries

If you were injured due to sports, work, or a previous accident, you cannot be compensated for them in your personal injury settlement. Any previous fractures, cuts, or broken bones not caused by your personal injury accident will not be compensated. Notify your doctor which injuries are caused by your most recent accident.

What Can Happen When You Have A Pre-existing Injury

If you have a pre-existing injury, it does not mean you will be unable to receive compensation.

Your personal injury attorney will not disqualify you for previous injuries. They will investigate your personal injury accident to determine how the accident caused new injuries. When you explain to your doctor your old injuries, they will understand to what extent your accident caused the recent injuries. Your personal injury attorney will also review your medical history to determine if the new injuries affected the pre-existing conditions. They will use this information to estimate how much you deserve in compensation.

Your pre-existing condition may have a causal relationship with your new injuries, which can make determining the settlement more complicated. However, an attorney can prove your current injuries were due to your personal injury accident, rather than a prior medical condition. Be honest with your lawyer and disclose all prior medical history. Your current injuries may have exacerbated old injuries, but your attorney can still defend you. They can prove your current injuries are unrelated to your pre-existing conditions.

These are ways your attorney can prove you still deserve a personal injury settlement, despite your pre-existing medical conditions:

Estimating Pain And Suffering

You may have experienced severe emotional turmoil after your personal injury. Your attorney can demonstrate you would not have undergone pain and suffering had it not been for your recent accident.

Calculating Lost Income

Lost wages caused by an accident can be included in a settlement. An attorney will demonstrate how new injuries prevented you from being able to perform your normal work tasks.

Medical Bills

New medical expenses due to your recent injuries are also useful evidence. They can show that your new injuries require additional medical care.

Personal Injury Attorneys Can Help You

You should be compensated for any damages you suffered that were not caused by your own actions. A dedicated attorney can help you overcome any discrepancies regarding your old injuries.