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Can a pre-existing condition risk your compensation claim?

On Behalf of Ellis Law Offices LLP | Jul 26, 2024 | Personal Injury

Personal injuries can turn your life upside down, leaving you with medical bills, lost wages, and a lot of stress. If you already have a pre-existing condition, you might worry that it could affect your compensation claim. Understanding how these conditions impact your case and what steps you can take is crucial.

How a pre-existing condition affects your case

Pre-existing conditions can complicate personal injury claims. Insurance companies often argue that your current symptoms are due to your pre-existing condition, not the recent accident.

However, you may seek compensation if the accident aggravated your pre-existing condition. The key is proving that your symptoms are worse than before the accident. Medical records and expert testimony can help demonstrate this aggravation. Detailed documentation can make a significant difference in the outcome of your case.

Getting fair compensation

If you believe your pre-existing condition might jeopardize fair compensation, you may want to take proactive steps, which include:

  • Gathering all medical records: Collect documentation related to your pre-existing condition. You can also get medical records that detail your health status before and after the accident.
  • Obtaining expert testimony: Consider hiring a medical expert who can testify about the aggravation of your pre-existing condition. Use expert opinions to strengthen your case.
  • Documenting everything: Keep detailed notes on your symptoms, treatments, and how your condition affects your daily life.

It is also vital to follow your doctor’s advice. Adhere to all prescribed treatments and attend all medical appointments. Ensure your medical records reflect consistent treatment and any changes in your condition.

Pre-existing conditions can challenge personal injury claims but do not have to derail your case. You can increase your chances of a fair settlement with the proper legal guidance and the right approach.

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Ellis Law Offices LLP Massachusetts Personal Injury Lawyers

Worcester Office

33 Pleasant Street Suite 2
Worcester, MA 01609

Phone: 508-762-4334
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