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Pre-Existing Conditions In Personal Injury Cases

Car accidents are often more complicated than they appear. After a car accident, you can work with a personal injury attorney to determine liability for your injury. The court will assess your situation and determine if you are eligible to receive funds to recoup your losses. But what happens if you already had a pre-existing condition that could have contributed to your accident-related injuries?

The Role of the Defendant's Attorney

First, it is important to take into account the role of the defendant's attorney. He or she will try to ensure their own client is not liable for the incident, perhaps using the fact that you already had a condition that may have caused you to be prone to a specific injury. The lawyer may look at your medical records for signs that a condition already existed.

The Impact of Pre-Existing Conditions

A pre-existing condition is an injury, illness, or other health condition that you had prior to an accident. For instance, you may have already had arthritis, a shoulder injury, or a herniated disc that shows up on your medical records. While the accident may have worsened your condition, perhaps it did not cause the condition from the very beginning.

A pre-existing condition can impact your personal injury case after an accident. Specifically, your condition can affect how much money you are entitled to in your case. You may still be entitled to some money, but perhaps not as much as you initially thought you were. A pre-existing condition does not impact the other individual's fault in causing an accident.

Instead, you will find that personal injury cases often involve finding a percentage of liability, and the court will distinguish between causation and pre-existing conditions.

Keeping your pre-existing condition a secret from your attorney or the courts may be a mistake. The other side will seek to discredit you, so you need to ensure that you do not lie in your testimony or documents. Any lie about your condition may be used against you in court.

Get Help With Your Personal Injury Case

No matter your situation or how tight you think your case is, you should have a personal injury attorney on your case. You can discuss pre-existing conditions with your lawyer and determine your approach to your personal injury case. An attorney helps you fight for the compensation you deserve, and you can easily set up a consultation with a personal injury attorney.

For more information, contact a personal injury attorney.