Law

Are You Still Eligible for Personal Injury Compensation If You Have a Preexisting Injury?

If you have already sustained an injury or suffered from a health problem before being involved in an accident, such pre-existing injury may impact your personal injury claim. In this case, you must contact injury attorneys Huntington Beach to understand your legal options and whether or not you have a claim. During your initial consultation, they can explain how a preexisting injury or condition can affect your claim and how insurance companies may respond upon learning about it. 

What Are Considered Pre-existing Injuries?

Pre-existing injuries refer to injuries you already had before your current accident. This old injury could result from another accident or health issue. Usually, this injury can become aggravated because of an injury to the same body part. When this happens, you can experience increased pain and suffering and your recovery time can push back. As a result, you might not be able to work because you need treatments such as physical therapy to relearn to use your muscle or limb. A new accident can aggravate old injuries such as herniated discs, back strains, degenerative disease, arthritis, brain injuries, and others. 

If you have a pre-existing illness and want to file an injury claim, you must understand that insurance companies may try to deny your claim by asserting your new symptoms resulted from a preexisting condition. You must give evidence that your preexisting injury was aggravated by the new accident to possibly recover compensation. 

Understanding the Eggshell Doctrine

If you suffer an injury in a slip and fall accident, car accident, or other kinds of accidents that aggravate a pre-existing condition, your personal injury lawyer may cite the Eggshell Doctrine as they explain the reason you are owed compensation. This legal principle implies that the at-fault party should take you as they find you. If you are especially susceptible to injury, you have the right to recover compensation for your injuries. If your accident claim is associated with a preexisting injury, the at-fault party should still pay you for any extra harm they caused to you. The other party is not free from such liability just because you had a preexisting condition or injury that made further injury possible. 

If you suffered an injury at the hands of a negligent party, you must get in touch with an experienced injury lawyer. Your attorney will help you through each step of the claims process as well as protect your rights and the value of your claim. 

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