Pre Existing Injury Auto Accident

Not all St. Louis car accident claims are simple and straightforward. An experienced auto accident attorney can help you determine what compensation you are entitled to.

Anyone who gets injured in a St. Louis car accident caused by the fault of another person or party is generally entitled to receive compensation for both economic and non-economic losses from the at-fault party. However, not all claims are simple and straightforward, because circumstances surrounding every case are different. When making an injury claim following a car accident, some people wonder if their pre-existing medical condition or prior surgeries would influence their financial recovery.

For example, the victim who wants to make a claim had undergone a wrist fusion before the accident, and the fuse was not completely healed. The accident caused a fresh injury to the wrist, and the victim’s condition gets aggravated. In such cases, the victim would more than likely still be able to make a claim.

Medical History and Insurance Companies

When a person files a claim for a car accident injury that resembles any other injury in your medical history, the insurer will likely argue that the fresh injury is a mere aggravation of the pre-existing injuries. The victim does not have to accept this argument as they are legally entitled to fair compensation for their injuries whether they are new injuries or an aggravation of previous injuries.

Proving New vs. Pre-existing Injuries

No matter you have suffered a completely new injury or aggravated any previous injury, you need to prove it, and the best proof is your medical records. If the prior injuries have got aggravated then there would become overlap in the medical treatment. The victim would need the doctor’s help to prove whether the injuries are new and separate or pre-existing.

Doctor’s Statement

Make sure you tell your doctor everything about the car accident right from the start. Tell your doctor about all your symptoms no matter how minor they seem. Let the doctor know of the pain, soreness, numbness, tingling or any discomfort you felt on impact. The doctor’s opinion would be binding on you, and his/her diagnosis and prognosis of your car accident injuries in relation to the pre-existing injuries would be the best evidence in support of your claim.

Remember, insurance adjusters are trained and experienced and when you file a claim they would ask for your medical records. Although they do not have a legal right to check out your records, if you do not provide them, the adjuster can deny your claim. It is important to be honest about any pre-existing conditions or it can affect your credibility and of course, your injury claim too.