It is a common myth that you cannot recover damages related to a pre-existing injury in a car accident claim or lawsuit. If you have a pre-existing medical condition that was aggravated by a car accident in Indianapolis, IN, you can pursue compensation for your medical care costs, ongoing care costs, pain and suffering, and more.
Often, the insurance company will tell you that you cannot get compensation for a pre-existing injury, even if the accident required you to seek treatment and made the injury worse. This is simply untrue in many cases. You should discuss your case with a personal injury attorney to learn more about your rights and legal options.
You May Be Eligible to Pursue Compensation for Your Pre-Existing Injury
To recover damages related to a pre-existing injury, you will need to show how the car accident affected it. This usually includes either:
- Aggravating the pre-existing injury and worsening it, causing you to require additional medical care or new interventions
- Causing your injury to flare up, leaving you in pain
The key to proving either of these occurred is getting medical care as soon as possible following the accident. Your medical records will help to prove your previous injuries as well as how the accident caused additional issues related to them.
Because your previous medical records may be vital to your case, you may want to try to see the same doctor who originally diagnosed your condition. They can document your new symptoms and describe how your condition worsened following the accident. We can also enlist the help of medical expert witnesses to help us prove this type of injury.
Do Not Listen to the Insurance Company if it Says You Cannot Recover Compensation
Insurance adjusters often use “pre-existing injury” (as defined by the U.S. Department of Health & Human Services) as a reason to deny an accident victim’s claim or to reduce their payout significantly. However, this is not fair to the accident victim, and you have the right to pursue the full value of your claim.
We will help you prove your damages related to aggravating a pre-existing injury and go after the payout you deserve. If the insurance company balks at paying you this compensation, we will file a lawsuit and take your case to trial.
Sevenish Law Firm, P.C. Only Takes on Personal Injury Cases
At Sevenish Law Firm, P.C., we only handle personal injury cases. We dedicate our work to Indianapolis, IN car accidents, truck accidents, and other injury cases, and fight for recovery for the victims of this type of accident. We know the types of damages available to you and what it takes to prove them.
Discount law firms may claim to have lower rates, but does that matter if you do not recover full damages? Attorneys at discount law firms are jacks of all trades but masters of none. They may be unfamiliar with what it takes to prove injuries related to a pre-existing medical condition, so we encourage you to let us review your case today.
Talk to a Car Accident Attorney in Indiana Today
At Sevenish Law Firm, P.C., our team can help you pursue compensation if you have a pre-existing medical condition that was aggravated by a car accident in Indianapolis, IN. We can aggressively fight for the payout you deserve for another driver’s careless actions. Call us today at 317-720-3229 for a free consultation before the statute of limitations for pursuing justice for your injuries under IN § 34-11-2-4 expires.