The law states that if an accident can be proven to have directly caused the worsening of a pre-existing condition, the injured victim is entitled to compensation for the increased damage.
The keywords in this statement are “can be proven.”
Without substantial evidence showing a link between the worsening injury (or increased pain and suffering) and the impact force of the accident, the insurance company can deny the claim, stating that the current injuries were not related to their client's accident.
Proving an Injury/Accident Relationship
When pursuing a car accident claim, the thing you need to remember is that insurance companies are—how should we put this?—
not helpful. In fact, insurance adjusters will do anything and everything to keep from having to pay out a substantial claim. One of the most notorious tactics they use is trying to convince you that you’re responsible for your own injuries, or at least that they’re not responsible. In some cases, insurance companies go as far as to pass the blame onto God, as long as they don’t have to pay.
Knowing how ruthless they can be, it’s easy to see how they’ll try to weasel out of paying a claim when an accident aggravated a pre-existing condition. However, despite what the insurance company wants, they can’t legally justify a denial when you can provide proof that the accident caused you further damage or increased pain. The fact of the matter is that even if you had a previous injury, the impact of the collision made that injury worse, and therefore deserves attention.
Below are a few tips that can help you secure your claim by securing necessary evidence and support.
- Be diligent. Seek medical attention immediately after the accident, no matter how minor your injuries appear. By securing a medical report, you can verify trauma and close the timeline between accident and injury, preventing the insurance company from arguing that your injuries were caused by something other than the accident.
- Be honest. When speaking to the doctor, do not withhold any information about previous injuries. If you previously broke your ankle and you’re currently experiencing pain in the same place, let him know. The previous break could have weakened the bone and made it more susceptible to the impact force of the accident. This information can help him in his diagnosis and can also help explain the severity of injuries.
- Be precise. Make sure to list every single injury that you may have, even if you think the injury may be minor. Start from your toes and work your way up, scanning for any pain or potential problems. It is important that the doctor records all issues at the time of the initial exam to ensure that they’ll be included in the report in case they worsen.
- Be smart. Let us help you secure all the necessary evidence you need to prove your case.
Call us at 615-807-7900 or 1-877-959-8847, to schedule your FREE, no-obligation consultation. Our vast experience and eagerness to help you get justice for your injuries makes us a great asset to your claim. Contact our Franklin car accident lawyers today to see how we can help you uncover and explain the complexities of your injuries to get the compensation they deserve.
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