If you’ve recently suffered a personal injury in Rochester, you may be facing more than just physical pain. You might also be feeling overwhelmed, confused, and unsure of how to move forward with your case. The process of seeking justice and compensation after an injury can feel complicated, especially if you have pre-existing conditions. It’s natural to feel worried about how your condition might affect your claim. Rest assured, you are not alone. At Friedman & Ranzenhofer, we understand what you’re going through, and we are here to help guide you every step of the way.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup
Understanding Pre-existing Conditions and Personal Injury Claims
When a person is injured, whether in a car accident, slip and fall, or another accident, their claim for compensation often includes more than just the injury caused by the accident itself. If you have a pre-existing condition, such as back problems, joint issues, or even chronic illnesses like diabetes, these can become factors in how your case is handled. Pre-existing conditions do not automatically disqualify you from pursuing a personal injury claim, but they can affect the way your case is evaluated.
Insurance companies and defense lawyers may try to argue that your pre-existing condition is the real cause of your pain and suffering, rather than the accident. They might claim that the accident didn’t make your condition worse or that your injuries are just a result of your pre-existing health issues. This is why it’s important to understand how pre-existing conditions interact with personal injury law and how you can protect your rights during this process.
How Pre-existing Conditions Can Affect Your Case
When filing a personal injury claim, the goal is to prove that the accident caused harm that entitles you to compensation. If you have a pre-existing condition, it’s important to show how the accident made that condition worse or led to new injuries. This is often called the “eggshell plaintiff” rule, meaning that the defendant (the party at fault) is responsible for the full extent of your injuries, even if they were more severe because of your pre-existing condition.
For example, if you have a previous back injury and are in a car accident that causes further damage, the at-fault driver may still be held responsible for all of your injuries, even if your back was already weak. However, proving that the accident aggravated your pre-existing condition can be more difficult than it seems. Insurance companies often argue that you were already hurt, and that the accident did not significantly worsen your condition. To counter this, it’s important to have clear medical evidence showing how the injury made your situation worse.
The Importance of Medical Records and Documentation
One of the key ways to build a strong personal injury case, especially when you have a pre-existing condition, is through medical documentation. Medical records play a critical role in proving that the accident was the cause of your injuries or that it made an existing condition worse. Your doctor or healthcare provider can provide valuable insight into how the injury relates to your pre-existing condition. Detailed medical records that show the state of your condition before and after the accident can help strengthen your case.
For example, if you had an existing back problem and the car accident made it worse, your doctor’s notes will be crucial in documenting that progression. Imaging tests such as X-rays, MRIs, and CT scans can also help show the extent of the damage caused by the accident. In these cases, your medical records provide the evidence needed to establish that your injuries are linked to the accident, and not solely due to a pre-existing condition.
The Role of the Insurance Company in Pre-existing Condition Claims
Insurance companies are often skeptical of claims involving pre-existing conditions. They might try to argue that the accident did not contribute to the injury or that your condition would have worsened regardless of the accident. Insurance adjusters may look for ways to minimize the amount they offer as compensation. Their goal is to settle the case for as little as possible, which can be particularly challenging when a pre-existing condition is involved.
However, this is where having an experienced attorney can make a difference. A skilled lawyer knows how to navigate the complexities of these cases and can help ensure that all of your injuries, both new and pre-existing, are properly documented and presented. Your lawyer can also help prevent the insurance company from unfairly blaming your pre-existing condition for the injuries you sustained in the accident. By providing legal support, we can help you get the compensation you deserve, regardless of your health history.
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What to Expect During Your Case
When you have a pre-existing condition, you may be concerned about how long it will take to resolve your personal injury case. Every case is different, but there are a few general things you can expect during this process. First, you will need to provide a detailed account of your medical history, including any pre-existing conditions. Your attorney will review this information and gather additional medical evidence to show how the accident has impacted your health. This may involve working with medical specialists to evaluate the extent of your injuries and how they relate to your pre-existing condition.
After all of the evidence is collected, your case may go through several stages, including negotiations with the insurance company. If a settlement is not reached, your case may proceed to court. While having a pre-existing condition may add complexity to your case, it doesn’t necessarily mean you won’t win. In fact, many people with pre-existing conditions are able to recover compensation for their injuries with the right legal representation.
How We Can Help You
If you’re dealing with a personal injury case that involves a pre-existing condition, you don’t have to face this challenge alone. At Friedman & Ranzenhofer, we understand the emotional and physical toll that an injury can have on your life. We are here to listen, offer guidance, and fight for your rights. Our team is committed to helping you navigate the complexities of your case, ensuring that your pre-existing condition doesn’t unfairly impact the compensation you deserve.
We know how to present your case in the best light and work with medical professionals to show the full extent of your injuries. If you’re ready to take the next step and want to discuss your situation, don’t hesitate to reach out to us. Let us help you get the best possible outcome for your personal injury claim.
Facing a personal injury claim can be challenging, especially when pre-existing conditions are involved. However, with the right support and legal guidance, you can still pursue justice and receive the compensation you deserve. At Friedman & Ranzenhofer, we are committed to helping you through every step of the process. If you are ready to take action and seek legal assistance for your personal injury claim, contact us today. We’re here to help you get the compensation you need to move forward with your life.
To learn more about this subject click here: Can A Child Pursue A Personal Injury Claim In Rochester?