If you’ve been in a car accident caused by another driver’s negligence, you have the legal right to compensation for your losses. However, if you have a back injury, knee injury, or another type of pre-existing condition, you will need to prove you have suffered new losses or that your pre-existing condition was aggravated by the accident.
Insurance Adjusters Will Try to Fight Your Claim
In many cases, insurance companies will request medical records after your accident and ask you questions about your pre-existing conditions. Their goal is to find a way to absolve themselves from liability. If they can prove that no new, specific injury was created or that the accident did not cause a worsening of your pre-existing condition, they may be able to reduce or eliminate the claim you make.
Imagine you were recovering from a serious arm injury before your accident. That injury limited your ability to work and created chronic pain. During the car accident, your healing injury was worsened by the impact of the accident—resulting in the need for surgery. The accident worsened your condition and created the need for surgery, but the insurance adjuster will try to use your medical records to argue the injury was not the other driver’s fault.
A Nebraska Auto Accident Lawyer Can Help Prove Your Case
In a situation like this, you may know that the injury is worse and that the accident caused your new losses. Proving that in a court of law is complex, however. That is why it is critical to work with an experienced personal injury attorney who can guide you through this process.
Your attorney will help in several ways:
- They will tell you if you can file a claim with a pre-existing condition.
- They talk to the insurance adjuster on your behalf to limit your risk of saying the wrong thing.
- They gather information and evidence to support your claims, including speaking to your doctors.
Pre-existing conditions can be a challenge, but they don’t eliminate your right to compensation. Let our team provide you with guidance and support. Contact the Law Office of Matthew A. Lathrop, PC, LLO for a free consultation.