Sometimes people with pre-existing conditions are more vulnerable to sustaining serious injuries in auto accidents. Having a pre-existing condition may make you worry that you won’t be able to recover compensation for any injuries sustained in the accident. Working with a car wreck injury attorney in San Antonio may help you keep those worries at bay.
Ask a Car Wreck Injury Attorney in San Antonio: Can I Still File a Claim If I Have a Pre-Existing Condition?
People with pre-existing conditions may still file a claim and recover damages after becoming injured in a car accident. This is thanks to the Eggshell Skull Doctrine, which applies in every state. This doctrine prevents the liable party and their insurance company from using your pre-existing condition against you.
It doesn’t matter if you were more prone to injury than the average person at the time of the accident. The driver responsible for the wreck is still responsible for any injuries you sustained during the accident. However, you must be able to prove that your condition was stable when the accident occurred. For more information, click here to schedule a free consultation with an attorney who’ll be happy to discuss your situation.
Will I Have to Undergo a Medical Assessment to Receive Compensation?
You may be asked to undergo a medical assessment before you can recover damages after a car accident. Even those without pre-existing conditions may be asked to do this.
The medical assessment must be performed by a medical professional who doesn’t know you. This person may be appointed by your attorney or the other side’s attorney/insurance company. This medical professional will usually use their medical knowledge to determine which of your injuries were caused by the accident and which predated the accident.
Can I Recover Damages If the Accident Made My Pre-Existing Condition Worse?
You may be able to recover damages if the accident worsened your pre-existing condition. You need to seek medical attention, and a medical professional must conclude that your condition was worsened by the accident. You may be able to recover compensation that covers the cost of treating your condition and getting it stable again. You may also be able to recover damages to cover the cost of your future medical treatment.
What Should I Do to Help Protect Myself After an Accident If I Have a Pre-Existing Condition?
Seek Medical Attention Immediately
Always seek medical attention if you’ve been in a car accident. This applies to people who don’t have pre-existing medical conditions and feel fine, too. You could have hidden injuries after the accident. Plus, if you wish to recover compensation, then seeking medical attention as soon as possible after getting in an accident is a must.
Disclose Your Condition to Your Attorney
Your attorney most likely isn’t going to refuse to work with you based solely on you having a pre-existing medical condition. However, you need to disclose any pre-existing medical conditions to your attorney, and you should keep your lawyer updated on your medical progress as your case goes on.
Being honest with your attorney and keeping them updated will allow them to take the appropriate measures to protect your claim. Your attorney will do what they can to stop any false claims the other side may make about your injuries and your pre-existing condition.
Consult Your Attorney Before Disclosing Your Medical Records
The other side may wish to view your medical records to see if they show that you had a pre-existing condition. However, don’t just hand your records over straight away. It’s best to avoid directly corresponding with the other side at all. Inform your attorney if the other side has contacted you and ask to see your medical records, and follow your lawyer’s advice when it comes to handing over the records for the other side to examine.
If you wish to contact the other driver, the other attorney, or the insurance company, then it would be best to let your attorney do that for you. Your attorney will know how to be careful with their words, and they’ll often be able to see right through any tactics the other side uses to try and get out of paying you what you’re entitled to.
What If I Can’t Afford to Hire a Lawyer?
Worrying about how you can afford an attorney after an accident is entirely understandable. However, if you work with an attorney who charges a contingency fee, then you won’t pay upfront. Your attorney will take their payment out of your settlement instead.
The Eggshell Doctrine protects you if you have a pre-existing condition and have been involved in a car accident. Be honest about your condition when consulting an attorney, and know that your attorney will do all they can to protect your claim while you attempt to recover damages after your accident.