No one wants to be involved in a car accident. Unfortunately, vehicle accidents are not uncommon in and around the Dallas area. Victims of car accidents are often left dealing with injuries, property damage, and aggressive insurance carriers. At Johnson, Zegen, Scott & Williams, PLLC, our Dallas car accident attorney regularly field questions related to pre-existing conditions and the ability to recover compensation after a crash. Here, we want to discuss how a pre-existing condition could affect your insurance settlement after a crash.
First, it is important to recognize that insurance carriers are generally “for-profit” entities that will do anything they can to limit the amount of money they pay out in a settlement. Unfortunately, this often means trying to find out whether a car accident victim had any pre-existing injuries.
If an insurance carrier discovers that a car accident victim has a pre-existing injury, it is very likely that they will use this information in order to justify denying a settlement or not paying the victim’s full medical bills.
However, the existence of a pre-existing condition should not mean that a car accident victim will not receive compensation for their injuries. For example, suppose that Regina is experiencing significant lower back pain in the aftermath of a T-bone collision caused by another driver. Now, suppose that the at-fault driver’s insurance carrier discovers that Regina sustained a work injury that affected the same area of her back approximately five years before the accident. Because of this prior injury, the insurance carrier may claim that Regina’s pain and suffering after the car accident were caused by her pre-existing injuries and not by the car accident.
A pre-existing condition does not mean the car accident victim will not receive compensation for the incident. If that were the case, then it could be argued that any person who has sustained any injuries in their lifetime would not be able to recover compensation after a car accident occurs.
Often, accidents do aggravate or exasperate pre-existing injuries. A skilled Dallas car accident lawyer will work to prove that the pre-existing injury was exasperated or aggravated in an effort to secure the compensation their client needs.
If you or somebody you care about has been injured in a car accident caused by the negligence of another party, the team at Johnson, Zegen, Scott & Williams, PLLC is ready to help. Even if you have pre-existing conditions, this should not mean that you are not entitled to compensation for what happened. Our team will investigate every aspect of your case and work to determine whether you are entitled to: