Dealing with an accident and an injury claim can be difficult under any circumstances. If you have pre-existing injuries or health conditions in your medical history, however, this can make it even harder to recover the financial compensation you deserve from an insurance company. Having an Albuquerque, NM personal injury lawyer on your side can make an important difference.
What Does a Pre-Existing Injury Mean?
A pre-existing injury can refer to any health or medical condition an individual already had prior to the date of a harmful accident for which a claim has been filed. If someone gets injured in a car accident, for example, but already has an existing back injury, the presence of the pre-existing injury could affect the insurance claims process.
Pre-existing injuries can be active injuries that the victim is currently recovering from or old injuries that have already healed or reached the point of maximum medical improvement. Pre-existing injuries can also include chronic medical conditions that affect the person’s health, such as diabetes, cancer, degenerative disk disease and high blood pressure.
Will Pre-Existing Injuries Hinder My Personal Injury Claim?
If you get hurt in any type of preventable accident in Albuquerque as someone with a pre-existing injury or condition, it is important to know what to expect from the claims process. Understanding your rights can allow you to protect them when dealing with insurance companies.
Under the Eggshell Skull Rule, a defendant (at-fault or liable party) is responsible for the full extent of a plaintiff’s (accident victim’s) losses – including “unforeseeable and uncommon reactions” due to a pre-existing injury or illness. This legal doctrine holds a defendant accountable for a victim’s injuries even if they were made worse by an existing medical condition.
Even if the average person would not have suffered such significant injuries, the defendant can be held liable for the injuries and bills sustained by the victim. Pre-existing conditions do not disqualify a plaintiff from recovering financial compensation from the defendant. Despite this rule, you may still have to deal with pushback or a claim rejection from an insurance corporation.
An Insurer May Use Your Pre-Existing Injuries Against You
Insurance companies will look for any reason to deny claims and save themselves money on settlement payouts. A tactic often used by insurers when analyzing claims is to ask the client to sign a Medical Authorization Release Form, which grants the insurance provider full access to the individual’s medical history.
Rather than signing this form, work with a personal injury attorney to submit only the medical records that are necessary and relevant to the claim. This can prevent an insurer from using your pre-existing injuries against you to try to argue that the new accident is not to blame. Your lawyer can take over communications with an insurance adjuster for you to protect your rights.
How to Handle an Albuquerque Accident Claim With Pre-Existing Injuries
Get medical care without delay after an accident in Albuquerque. Prompt treatment can establish a connection between your injuries and the incident. Medical evidence can also prove how the accident has affected your pre-existing injuries. This can prevent an insurance company from minimizing your settlement or denying your claim outright due to a pre-existing injury.Once you’ve seen a doctor, contact an attorney to help you with the claims process. An attorney can deal with an insurance company for you to fight for fair compensation. Your lawyer can gather medical records, hire qualified medical experts and use other techniques to demonstrate how the accident has caused or aggravated your injuries. In the meantime, you can focus on healing with peace of mind.