The injuries and trauma following a car accident can be painful and overwhelming. If you have a pre-existing condition, the impact can be all the worse. Not only does it exacerbate your symptoms, it also can make getting compensation challenging. Working with a lawyer can be beneficial to securing your legal claim.
Can I be compensated for a pre-existing condition in New York? The answer is usually yes. Under New York’s “eggshell doctrine,” even if you are more susceptible to injury because of your condition, you can still recover damages. However, your condition may make the claim process more complex.
Insurance companies often try to diminish or disregard your injuries because of a pre-existing condition. It is critical that you take steps to secure your claim and ensure fair compensation.
A pre-existing condition is a medical concern or injury that existed prior to a personal injury incident. Pre-existing conditions include a wide range of physical conditions, mental conditions, injuries, disabilities, and ailments. Some examples of pre-existing conditions include:
Pre-existing conditions can complicate the claim process. In some circumstances, the insurer or liable party may try to allege you had a pre-existing condition, even though you did not. Working with a New York City car accident lawyer is often essential to securing your legal rights to medical compensation.
If the insurance company is alleging your personal injury existed prior to the car accident, they may deny you insurance coverage. As soon as an accident occurs, it’s crucial to take steps to secure your injury compensation.
After a crash you will want to:
Your attorney can also gather your medical records and other medical proof to show that your injury was the result of the accident. By taking these steps, you can document that your health issues were caused by the crash, and not existing injuries.
If your pre-existing injury was aggravated in a car accident, you may be entitled to compensation for your condition worsening. In New York, an injured person can be compensated for any health impact that goes beyond what they would have suffered if the accident had not occurred.
Before you file a car accident claim, you will want to have a medical evaluation and injury documentation. It is vital to show that the accident injury aggravated your condition in order to receive insurance benefits. Having legal representation can help you establish claim eligibility.
If your condition was worsened by a car crash, you may be eligible for compensation for any additional injuries or symptoms that were a direct result of the accident. You can make a legal claim for damages such as:
As previously stated, it is critical that you document all symptoms and health concerns directly resulting from the car accident. Insurance companies and liable parties may try to diminish your claim, arguing that the crash was not the cause of your injury.
Legal advice from a qualified lawyer can be essential to settlement negotiations and maximizing your compensation claim. If your car accident case goes to court, legal assistance can be essential.
Working with an experienced attorney can be a wise decision if your pre-existing condition was exacerbated by an injury accident. Unfortunately, your health conditions can make recovering compensation challenging.
Your lawyer will:
At Gregory Spektor & Associates, P.C., we understand that these are difficult times. Our compassionate lawyers can fight aggressively for your rights to compensation.
Don’t let the insurance company intimidate you. Our personal injury lawyer is ready to help you with your aggravated injury settlement. Contact us today for a free consultation.
