Personal injury cases are difficult enough, but add in a pre-existing condition and they can become even more frustrating. If you've been injured but suffer from a pre-existing condition, you may be wondering how this condition can affect your case and what you can do to help your attorney. Below is a basic overview of how pre-existing conditions are handled in personal injury cases and how an experienced injury attorney can help you.
How a Pre-existing Condition Can Affect Your Case
Plaintiffs with pre-existing conditions worry all the time about how this will affect their case, but with the help of an experienced attorney you can get the settlement you deserve.
A pre-existing condition can certainly make a case harder to prove, but it's not impossible. While your case may involve a bit more documentation (as you are trying to prove how your prior condition was worsened by the accident), your attorney can still help you to build a strong case against the defendant. Your case cannot be dismissed simply because you have a pre-existing condition – with the right legal help and guidance you can receive the best representation for your case.
How You Can Help Your Attorney
The most helpful thing you can do for your attorney (and ultimately, yourself) is to not withhold any medical information whatsoever. This includes the knowledge of any pre-existing conditions.
Withholding medical information from your attorney can drag out the case and make it more complicated than necessary. Giving your attorney all of the information in the very beginning of your case will ensure you're getting the best representation and will have the best chances of settling favorably. Having prior medical history come out in the middle of the case can weaken your stance and may make the jury (or judge) doubt your claims, which can lead to significant financial loss.
The Good Behind Pre-existing Conditions
If there's one thing that pre-existing conditions have going for them, it's the fact that having these conditions usually means more medical documentation. This makes it easier to prove your condition prior to the injury, and it can help them to show how the injury affected you.
Medical conditions can be frustrating – constant doctor visits, physical therapy appointments, etc. can certainly put a damper on your lifestyle. But the extra documentation that such appointments leave behind can help to prove that you did sustain injuries during the accident and that they weren't pre-existing. A paper trail is a very good thing when it comes to personal injury cases, and prior documentation of your pre-existing condition can add heft to your claims.
If you've been involved in a personal injury accident but are worried that your pre-existing condition will weaken your case it's time to consult with an attorney. Having a pre-existing condition doesn't mean you aren't entitled to the same representation as everyone else, and there are many ways in which an experienced personal injury attorney can help you. For more information, contact a professional like those at the Tiefenthaler Law Office
If you are unable to work because of an illness or injury, you may qualify for social security disability payments. This money comes from a fund you have probably contributed to during your time in the work force, and it is likely that you have the right to disability payments using this money. As an attorney specializing in social security disability, I have a great deal of experience in helping clients determine if they qualify for disability payments. I hope that this blog will help people who have been injured understand what it means to qualify for social security disability benefits and how to go about getting that help.