Getting hurt in a car accident or any other personal injury can be overwhelming. Although you can contact a Kentucky personal injury attorney to help you with claims, there are things you should know. One thing that can impact your claim is your pre-existing conditions. For your understanding, we will cover every aspect of these pre-existing conditions in this article.
Everything You Need to Know About Pre-Existing Conditions
According to the Department of Health and Human Services, all injuries or illnesses a victim had before claiming insurance are known as pre-existing. It includes physical and mental conditions and is considered during personal injury claims. Any injury that is not healed is considered a pre-existing condition.
How Do Personal Injury Claims Get Affected by Pre-Existing Injuries?
Depending upon how your pre-existing illness is documented and informed, it can have different results. In most cases, victims with pre-existing conditions will not receive compensation for those injuries that were affected by the accident. However, in some cases, they may even receive compensation for aggravating these injuries. They can also get settlement amounts for psychological conditions, such as anxiety.
Understanding Eggshell Plaintiff
As per the eggshell plaintiff doctrine, if someone has injured the other person, unknowing of their pre-existing condition, aggravating the issue, they will be responsible for bearing the expenses. It is because the victim will suffer more pain and discomfort as they already have a pre-existing condition.
Is it Important to Disclose Your Pre-Existing Injuries?
Your personal injury attorney should be well aware of your medical condition after you met with the accident. In case you do not inform, you may lose any chances of getting a fair settlement. Your entire settlement claim can be jeopardized with your non-disclosure.
Common Pre-Injuries That Can Be Aggravated
When you meet with an accident, there is a sudden stress that your body experiences. If you have a pre-existing condition, it can, therefore, aggravate them further. Here are a few:
- Any prior head injuries
- Spinal and back injuries
- Neck injuries and pain
What are Pre-Existing Conditions and Workers Compensation Claims?
If you are injured at work, you will be eligible for workers compensation. It will offer compensation for medical treatments and expenses related to your workplace injury. Sometimes, you can also get a settlement amount for lost wages.
Wrapping Up
Nobody likes to be injured, and if they have pre-existing conditions, it can be stressful. You can use this article to understand better how to proceed with your claim while working with your attorney.
