When you’ve been in a car accident, dealing with insurance companies and pursuing a claim can be complicated enough. Adding a pre-existing medical condition into the mix often raises more questions. You may wonder how your prior health issues might affect your car accident case. Understanding this dynamic is key to securing the compensation you deserve.
Here, you can learn more about how pre-existing conditions play a role in car accident claims and what steps you can take to protect your rights, including hiring a car accident lawyer in Seattle.
What Is a Pre-Existing Condition?
A pre-existing condition refers to any medical issue or injury you had before the car accident. Examples include:
- Chronic back pain or herniated discs
- Arthritis
- Previous fractures
- Degenerative joint disease
- Mental health conditions like anxiety or depression
These conditions can complicate a car accident claim because insurance companies may argue that your injuries are unrelated to the accident.
The “Eggshell Plaintiff” Rule
Washington State law follows the “eggshell plaintiff” doctrine, which means the at-fault driver is responsible for injuries caused or worsened by the accident, even if you were more vulnerable due to pre-existing conditions. In simpler terms, the at-fault party must “take you as they find you.”
This rule can work in your favor if the accident aggravated a pre-existing condition. However, you’ll need to provide strong evidence linking the worsening of your condition to the accident.
Challenges with Pre-Existing Conditions in Car Accident Claims
Insurance companies often use pre-existing conditions to reduce or deny your claim. Common tactics include:
- Blaming your condition: Insurers may argue that your pain or limitations existed before the accident.
- Minimizing aggravation: They may claim the accident didn’t significantly worsen your condition.
- Requesting extensive medical records: This can be an attempt to find unrelated issues to dispute your claim further.
An experienced car accident lawyer in Seattle can help you counter these strategies and ensure you are not unfairly denied compensation.
Proving Your Case: What Evidence Is Needed?
To succeed in a car accident claim involving pre-existing conditions, you’ll need to present clear evidence that:
- The accident aggravated your condition: Medical records and expert testimony should demonstrate a direct link between the accident and the worsening of your condition.
- You were managing your condition before the accident: Showing that your condition was stable or not causing significant problems can strengthen your case.
Steps to Protect Your Claim
If you have a pre-existing condition, these steps can help protect your rights and maximize your claim:
- Seek immediate medical attention: A thorough medical evaluation is critical for documenting new injuries and any aggravation of pre-existing conditions.
- Disclose your condition honestly: Never hide a pre-existing condition. Transparency builds credibility and prevents insurers from using it against you.
- Follow your doctor’s advice: Consistent treatment shows that you’re taking your recovery seriously and helps document changes in your condition.
- Hire a skilled attorney: A Seattle auto accident attorney can guide you through the process, gather evidence, and negotiate with insurers on your behalf.
Aggravation vs. New Injuries
A critical distinction in car accident claims is whether your injuries are new or an aggravation of an existing condition.
- New injuries: If the accident caused entirely new harm, such as a broken bone or whiplash, the at-fault party is fully liable for those damages.
- Aggravated injuries: If the accident worsens a pre-existing condition, the at-fault party is only liable for the extent of the aggravation.
Medical experts may need to evaluate your condition to determine how much of your current pain and limitations are due to the accident.
How Compensation Is Calculated
Compensation for a car accident claim involving pre-existing conditions typically includes:
- Medical expenses: Costs for treatment, surgeries, or physical therapy needed due to the aggravation.
- Lost wages: Earnings lost if your aggravated condition prevents you from working.
- Pain and suffering: Compensation for physical and emotional distress caused by the accident.
An experienced Seattle auto accident attorney can help calculate fair compensation and ensure that your claim reflects the accident’s full impact.
Why Legal Representation Matters
Navigating a car accident claim with pre-existing conditions is rarely straightforward. Insurers will likely scrutinize your medical history and use it to their advantage. A knowledgeable car accident lawyer in Seattle can:
- Gather compelling evidence: Medical records, expert testimony, and accident reports.
- Communicate with insurers: Handling negotiations to counter their tactics and protect your rights.
- Build a strong case: Present evidence to demonstrate how the accident affected your health and quality of life.
Protecting Your Rights After a Car Accident
Pre-existing conditions don’t have to derail your car accident claim. You can pursue the compensation you deserve by understanding your rights, documenting your injuries, and working with a skilled attorney.
If you’re dealing with a car accident claim and have questions about how your pre-existing conditions might affect it, contact a trusted Seattle auto accident attorney. With the right legal support, you can focus on your recovery while ensuring your case is handled effectively.
Every car accident case is unique, and having a dedicated advocate in your corner can make all the difference.
