The Impact of Pre-Existing Conditions on Your Alabama Personal Injury Claim
When submitting a personal injury claim in Alabama, pre-existing conditions can greatly influence your case. By understanding how personal injury law treats these conditions, you can better navigate the intricacies of your claim and work toward obtaining fair compensation. Here’s what you need to know about the role of pre-existing conditions in personal injury cases.
What Are Pre-Existing Conditions?
Pre-existing conditions are any medical issues or health conditions that were present before the injury in question. This category can encompass chronic illnesses, previous injuries, or ongoing medical issues.
These conditions can affect the way a new injury impacts you, the treatment approach taken, and the overall effect on your quality of life.
How Pre-Existing Conditions Affect Your Claim
Aggravation of Existing Conditions
- Increased Severity: If the new injury exacerbates or worsens a pre-existing condition, you may be entitled to compensation for the increased severity of symptoms or complications.
- Medical Evidence: You’ll need to provide medical evidence showing that the new injury aggravated your pre-existing condition. This includes records from healthcare providers documenting changes in your health status.
Causation and Liability
- Proof of Causation: It is essential to prove that the accident or incident in question was the direct cause of the aggravation. This means showing that the injury from the accident specifically contributed to the worsening of your pre-existing condition.
- Comparative Negligence: Alabama follows a comparative negligence rule, which means that if your pre-existing condition was partially responsible for the injury or its severity, it could affect the amount of damages you can recover. However, you are still entitled to compensation for the portion of the injury attributable to the accident.
Impact on Damages
- Economic Damages: These include medical expenses and lost wages. Pre-existing conditions may affect the calculation of these damages if the injury results in additional medical costs or longer recovery periods.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life can also be influenced by pre-existing conditions. The more significant the impact of the injury on your overall health and quality of life, the higher the potential damages.
Defense Strategies by Insurers
- Disputing Liability: Insurers may argue that your pre-existing condition, rather than the accident, is responsible for your symptoms or limitations. They may use medical records to suggest that your injuries are not as severe as claimed.
- Reducing Compensation: Insurance companies might use pre-existing conditions to minimize the compensation offered. They may argue that since you had existing health issues, the amount of damages should be reduced.
How to Address Pre-Existing Conditions in Your Claim
Gather Comprehensive Medical Records
- Pre-Accident Records: Obtain and provide medical records from before the accident to demonstrate the state of your pre-existing condition.
- Post-Accident Records: Collect records showing how the accident has affected your condition. This includes documentation from healthcare providers about changes in your symptoms and treatment.
Work with Medical Experts
- Expert Testimony: Medical experts can help explain how the accident specifically aggravated your pre-existing condition. Their testimony can clarify the relationship between the new injury and the worsening of your existing health issues.
Consult with an Attorney
- Legal Guidance: An experienced personal injury attorney can help you navigate the complexities of including pre-existing conditions in your claim. They can assist in gathering evidence, handling negotiations with insurers, and presenting a strong case.
Be Transparent
- Honest Reporting: Be honest about your pre-existing conditions when discussing your case. Concealing or misrepresenting prior health issues can damage your credibility and harm your claim.
Conclusion
Pre-existing conditions can complicate personal injury claims in Alabama, but they do not preclude you from receiving compensation. By understanding how these conditions impact your case and working with medical and an experienced personal injury lawyer, you can effectively address the challenges they present and pursue a fair settlement for your injuries.