As personal injury attorneys with decades of experience, we talk with many injured people who want to understand their legal rights. In our conversations, we often have to help dispel misconceptions that people have about the law. One of those unfortunate misconceptions is from people with pre-existing medical conditions who think they will be unsuccessful if they pursue a personal injury claim when they have been in a car or truck accident.
Does a pre-existing medical condition preclude a person from collecting personal injury damages? The quick answer is no, a pre-existing medical condition does not preclude a person from recovering personal injury damages. However, it does make the claim more complex.
Medical Experts Help Support Your Claim
Insurance adjusters will grasp at any reason to deny a victim full compensation. A pre-existing medical condition gives insurance companies a giant target to attempt to skirt responsibility for their policyholder’s conduct. They will say that the injury and harm suffered by the victim are minimal as they already had a condition.
While it is true that the at-fault party is not responsible for a victim’s pre-existing condition, they are legally liable for injuries caused by their negligence. This includes the extent to which their conduct resulted in an aggravation of a pre-existing condition. When clients have pre-existing conditions, we will engage respected medical experts who provide a comprehensive analysis of pre-existing conditions, new injuries resulting from the car or truck accident, and the degree to which pre-existing conditions were made worse.
You Must Be Honest About Your Pre-Existing Condition
The keys to success in a personal injury claim are to seek medical attention and to follow the advice of your doctors. And significantly, it is critical, to be honest about pre-existing conditions. Lying shatters a victim’s credibility in the eyes of a jury, which can hinder or completely halt an ability to recover damages.
Car and Truck Accident Attorneys: Viloria, Oliphant, Oster & Aman L.L.P.
Don’t let a pre-existing medical condition prevent you from pursuing your legal rights. At Viloria, Oliphant, Oster & Aman, L.L.P., our award-winning attorneys have extensive experience when it comes to car and truck accident lawsuits. We know the law and work tirelessly to obtain maximum compensation on behalf of our clients. Let us fight for you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 210-8178 to schedule a free case consultation or contact our office through our website.