The total number of annual deaths due to road accidents is approximately 1.3 million, according to the WHO, while up to 50 million sustain injuries of a non-fatal but sometimes permanently disabling nature. In many cases, individuals who receive injuries in car crashes and collisions already have pre-existing conditions, and insurance companies are quick to take advantage of these in order to reduce compensation payments for victims of motor accidents.
It is not unusual for an individual to be precluded from receiving compensation in a personal injury claim due to a pre-existing injury or condition. However, there’s a decent chance that a person can file a personal injury claim and receive compensation when an injury has been caused by someone else. Indeed, there is a possibility that compensation can be claimed for aggravation to an existing condition or injury brought about by an accident caused by someone else, and as such, it is important to get advice from Personal Injury Lawyers.
Why You Should Always Disclose Any Pre-Existing Conditions
Attempting to hide or downplay existing injuries or conditions will do absolutely nothing to help your cause and even reduce the chances of you receiving a fair settlement in the case of an accident claim. Indeed, should the new injury affect the same area of your body as a pre-existing injury, then there’s every chance that the claim will be compromised on account of the non-disclosure.
Claim adjusters are generally trained to blame the injuries received in an accident on pre-existing conditions in order to minimise any compensation payout, and with that in mind, it is important that you obtain the services of a fully qualified personal injury lawyer who can assess your full medical history and therefore best represent you.
Your personal injury lawyer will help you fully understand how any existing injury or condition may – or may not – affect the current accident claim. Always be aware that in the event that the other party’s legal team or insurance company discovers that you suffered from an existing condition or injury at the time of the accident, then your medical credibility will be thrown into doubt.
Aggravation Of Pre-Existing Condition
In the event that an individual has a pre-existing injury or condition, this condition may well be aggravated by any subsequent motor vehicle accident. The defendant who was at fault and who caused the accident clearly couldn’t be held to account for the pre-existing condition. However, the same defendant would be held responsible for any aggravation to the pre-existing condition caused by the accident.
This in itself will generally result in some apportionment between the pre-existing condition and the current injury claimed for. With the assistance of doctors and other medical experts, a personal injury lawyer will determine whether there has been an aggravation to the pre-existing condition and how it might have an impact with regard to possible recovery.
With that in mind, it is crucial that individuals always disclose full and accurate information in order to make the whole process simpler for their own legal team while also making
things more difficult for the other party’s insurance company to delay any claims or downplay pre-existing conditions.