Walking After Dark: The Rights of Pedestrians in Nighttime Car Accidents
Posted in: Legal Blog
KNR Legal Blog
After a car accident, you may face serious injuries that leave you with damages like hefty medical bills, lost wages, emotional distress, and pain and suffering. Fortunately, you can file a claim against the liable party’s insurance company and attempt to collect compensation to cover these damages.
However, if the insurance company suspects your injuries stem from pre-existing conditions rather than caused by the crash, they may deny your claim or give you a low-ball offer.
Below, we’ll further discuss how pre-existing conditions affect car accident cases. If you’ve been injured in a car crash that was not your fault, reach out to the experienced Ohio car accident lawyers at Kisling, Nestico & Redick. You can count on us to protect your rights and recover the fair and full compensation you are entitled to.
Call us at 1-800-HURT-NOW today and schedule a free, no-risk consultation.
A medical condition or ailment that you had before the car accident occurred is known as a pre-existing condition. For instance, if you’ve lived with degenerative disc disease for quite some time, you have a pre-existing condition.
Arthritis, fibromyalgia, and diabetes are other examples of common pre-existing conditions. While you don’t have the right to state that the car accident caused your pre-existing condition, you can demonstrate that it worsened it, requiring compensation for losses you would not have otherwise needed.
Some car accident victims make the mistake of hiding their pre-existing condition and don’t tell the liable party or their insurance company that it exists. Believe it or not, failing to disclose your pre-existing condition can complicate your case and increase your chances of a case dismissal.
You are far more likely to recover fair compensation if you are honest and upfront about pre-existing conditions and can demonstrate that the accident aggravated it. The ideal way to prove this is to visit a doctor immediately after the crash so they can provide you with medical documentation that shows how your pre-existing condition has been affected.
You can also jot down any lifestyle changes that you’ve faced as a result of the crash. For example, if you were an avid runner in the past, but can no longer do so because the accident made your back injury worse, document this.
It’s important to speak to a car accident lawyer after a car crash, especially if you have a pre-existing condition. Just like other businesses, insurance companies want to maximize their profits and pay out as little as possible in car accident claims. Therefore, they may use your pre-existing condition as an excuse to deny your claim or compensate you less than you deserve.
The “eggshell plaintiff” theory states that the insurer must consider the current state of your health when evaluating your claim. Even if you are more susceptible to injury because of your pre-existing condition, you have the right to get paid out fully and fairly if the accident worsens it.
A car accident lawyer can determine the value of your claim and negotiate with the insurance company on your behalf to make sure they do not take advantage of your rights and deny or lowball your claim.
If you’ve been hurt in a car crash and have a pre-existing condition, call Kisling, Nestico & Redick at 1-800-HURT-NOW as soon as possible. We can help you navigate the complexities of a car accident claim and inform you of your legal options.
At KNR, we offer 100% free, initial consultations, and we are only paid when you recover compensation.