When it comes to personal injury claims, the topic of pre-existing conditions is often surrounded by misconceptions and myths. Many people mistakenly believe that having a pre-existing condition automatically disqualifies them from receiving compensation for injuries sustained in an accident. However, the truth is far more nuanced and favors the injured party more than commonly thought.
Myth 1: Pre-existing Conditions Void Your Claim
One prevalent myth is that if you have a pre-existing condition, you cannot file a personal injury claim. However, in reality, if an accident exacerbates or aggravates your pre-existing condition, you may still be entitled to compensation. The law recognizes that while your condition pre-dated the accident, the incident could have worsened your health status, thus making your condition more severe or painful.
Myth 2: Compensation for Aggravated Conditions is Impossible
Another common misconception is that it’s impossible to get compensation for the worsening of a pre-existing condition. However, courts and insurance companies can factor in the aggravation of pre-existing conditions when determining compensation. It is essential to establish a clear link between the accident and the exacerbation of the condition.
Factoring Pre-existing Conditions into a Claim
Documentation and medical evidence are critical to successfully including pre-existing conditions in a personal injury claim. It’s crucial to have medical records that show your condition before and after the accident. This documentation can validate that the incident had a direct impact on worsening your condition.
Essentially, pre-existing conditions do not disqualify those from seeking and receiving compensation in personal injury cases. Individuals can approach their claims more confidently by debunking these myths and understanding that pre-existing conditions are considered within the legal framework. As legal professionals, we are here to guide you through the specifics of your case and help you navigate the complexities of personal injury law.
If you or someone you know has been injured in an accident, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or toll free at 1-800-870-9584. Abraham Watkins offers a free consultation to anyone wishing to pursue a claim for such injuries or fatalities.