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Do Pre-Existing Conditions Affect a Personal Injury Claim?

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Just because you have a pre-existing condition, does not mean you are not entitled to just and fair compensation. That being said, the process of getting fair compensation may become a little more difficult to manage because of your pre-existing condition. Insurance companies and opposing counsel will point to these conditions as an excuse to not pay out the amount you may deserve. 

Insurance adjusters may use your past medical history to lower their estimates no matter how small the pre-existing condition may be. It is there job to use your medical history as evidence against your claim. 

A pre-existing condition is any medical ailment you may have had that was present and persistent before your accident. Such pre-existing conditions include but are not limited to: breaks and sprains, neck injuries, back injuries, hip injuries, and even brain injuries and trauma. 

You may be saying to yourself, that even if I have a pre-existing condition, it may be worsened by an accident. And you would be correct. You should see your doctor as soon as possible after an accident, in order to determine the extent to which an injury worsened. If someone causes you harm, they can still be held fully responsible for worsening any pre-existing conditions. 

Despite this fact, it is imperative to have an experienced attorney at your side. Insurance companies and defendants alike will argue that your pre-existing medical history has not been worsened and your injuries have largely gone unchanged. They will use your medical history as evidence that you are not entitled to the compensation you deserve. It is common practice by opposing counsel to drag out these proceedings, pointing out every piece of your medical history, in order to settle a case for less than it is worth. To combat these practices you need an experienced and strong team of attorneys by your side. Contact us at KI PI to ensure that you have a team that will fight for you.



This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team

KI Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, KI Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.

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