Many people would attempt to get compensation after being involved in a Roswell car accident. However, this decision brings some consequences. Just like a political candidate can expect to have details of their life brought up, a person seeking compensation following a car accident can expect the same. Insurance companies would usually do their best to discredit your case. This way, they would either reduce the value of your compensation or even ensure that you get nothing at all.
One of the things they could do is argue that you had a pre-existing injury. As the name implies, a pre-existing injury existed before your car accident. Having a pre-existing injury could seriously influence your chances of getting compensated. Regardless of whether you have a pre-existing injury or not, getting a qualified personal injury lawyer is essential for your case.
You may also find that rather than discrediting your case, an insurance company could make you what they would call a reasonable offer. This is done frequently but more in cases where there is a clear case of guilt. But, again, without the experience of a personal injury lawyer, you may believe that their offer is great.
However, it is often the bare minimum, and you may discover that you have more injuries than were reported before accepting the settlement. This article will explore what a pre-existing injury is and what it could mean for your car accident personal injury case.
Can I Get Compensation for a Pre-Existing Injury?
This is pretty straightforward. An insurance company or at-fault party is not required to compensate you for your previous injury. This is simply because your injuries existed before the car accident.
What if the Insurance Company Claims My Injury Pre-Existed?
Except you have some experience with insurance adjusters, you may be taken advantage of. An insurance adjuster’s primary aim is to save as much money as possible for their company. The easiest way to do this is by paying as little as possible to anyone with a claim.
As a result, you may find that they argue that some or all of your injuries existed before the accident. In such a situation, what are you to do?
The first thing you should do is to get an experienced Roswell personal injury lawyer. While you can represent yourself in negotiations with insurance adjusters, it is not always advisable. Most insurance adjusters you would meet are experienced and have taken on similar cases severally. Such an experience provides them with ammunition to take down anyone against them. Unless you are a lawyer, you have a limited understanding of how such processes work, which would ultimately count against you.
An experienced lawyer should be able to look through all the facts of the case to decide on what aspects are essential and relevant to the case. He should also identify experts that would help him prove that you deserve the compensation you desire.
Assuming the insurance company claims that your injury was a pre-existing condition, you would have to prove that is not the case. This could involve submitting your medical records to be examined or having your doctor testify on your behalf. In any case, your preferred course of action needs to be directed by your lawyer. Submitting medical records could be a sensitive issue for some people. However, that is often the only way to get the insurance company to pay what you deserve.
How Does a Pre-Existing Injury Affect My Car Accident Compensation?
By now, you understand that the insurance company is not responsible for any pre-existing injuries you have. However, your pre-existing injuries could affect your compensation. In this section, we look at how that could happen.
A pre-existing injury could affect your car accident compensation if it were aggravated by the new injury you suffered. So, for example, if you had been involved in an accident that caused you pain occasionally. You may discover that the pain is heightened after a new accident. In this case, you are qualified for compensation. Just like a fresh injury, you would receive compensation for lost wages, future earnings, emotional suffering, physical pain, and physical disfigurement.
The Weinstein Firm’s Personal Injury Lawyers Can Help You
A pre-existing injury could influence the outcome of your personal injury case. Therefore, having an experienced Roswell personal injury lawyer would ensure that you are not ripped off. At The Weinstein Firm, we work with experts to determine the merits of your case. This way, we can make a solid argument for you. So if you have been involved in an accident and have a pre-existing injury, you should contact us. We offer free initial consultations.
