Can the Insurance Company Say My Injury is Pre-Existing ?
Make no mistake, an insurance company will frequently seize on any prior mishap, accident or injury, no matter how slight or remote.
Can the Insurance Company Say My Injury is Pre-Existing ?
Baltimore Personal Injury Lawyers answer: YES
Will the Insurance Company Say My Injury is Pre-Existing ?
That insurance company may argue that any current complaints from the injury victim are related- not the event for which this insurance company bears financial responsibility, but rather to some, or any, prior incident relating to the same body part. It certainly not uncommon for a person, past a given age, to have had some form of “injury” to several parts of their body. As attorney Eric T. Kirk will tell you, this could result from accidents, congenital conditions, sport injuries, or any other happening.
“…..I hurt my back once before. Now I got in an accident, and feel a lot worse.”
Consider someone who sustained a back injury a decade ago as a result of a work-related injury, and assume that same person is today involved in an automobile accident and has back pain. Can there be a financial recovery for pain and suffering for the new automobile accident? Won’t the insurance company say the injury and pain is “preexisting”? The law provides that the effect that any injury might have on a given individual- who might be predisposed to injury because of age, general health, or a particular medical condition- should not affect the damages recovered.
The law also provides that a person who had a particular condition before the accident can recover for an aggravation, exacerbation, or worsening of that underlying condition.
An experienced personal injury attorney can assist you in proving that aggravation, exacerbation, or worsening. To be sure, the insurance company will always argue that your injury and pain come from any source under then sun other than the accident for which you are making a claim. An experienced personal injury attorney can help you document, quantify, and prove through medical evidence the precise nature and extent of the aggravation, exacerbation, or worsening of an underlying condition.
What Is a Preexisting Condition?
A preexisting condition may well refers to any medical condition, illness, or injury that a person has before obtaining a new health insurance policy or before a specific event such as an accident or injury. These conditions can range from chronic illnesses, such as diabetes or asthma, to past injuries or surgeries, such as a torn ligament or a herniated disc. Can the Insurance Company Say My Injury is Pre-Existing ? You be they can. A key factor in defining a preexisting condition is its presence prior to the relevant coverage or incident. In the context of Baltimore personal injury law, preexisting conditions often play a critical role in determining compensation for damages. Insurance companies and defense attorneys may argue that a plaintiff’s injuries or ongoing pain are due to a preexisting condition rather than the accident in question. Can the Insurance Company Say My Injury is Pre-Existing ? Yes. They can. If you had a prior car accident, the chances go up the will. However, the law recognizes the principle of “eggshell plaintiff,” which states that a defendant is responsible for the full extent of the plaintiff’s injuries, even if the plaintiff had a preexisting condition that made them more susceptible to harm. This means that if an accident aggravates a preexisting condition, the injured party may still be entitled to compensation for the exacerbation of their symptoms. Effective Baltimore personal injury lawyers may provide succor here. Medical documentation is crucial in cases involving preexisting conditions. Detailed records from both before and after the incident can help establish how the accident worsened an existing condition. Attorneys can work with medical experts to demonstrate the distinction between the original condition and the injuries caused or aggravated by the incident. Can the Insurance Company Say My Injury is Pre-Existing ? They can and do. Frequently. Is it the end of your case? No. Understanding preexisting conditions is essential in Baltimore personal injury cases. I can help you.
Aggravation and exacerbation cases can be very nuanced, and are often litigated. Insurance companies often use the label “preexisting” to deny claims outright. I’ve successfully handled these type of cases. Give me a call today for a free legal analysis of your case.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
