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Do Pre-existing Conditions Affect Personal Injury Claims?


How to Use Medical Records to Help You Recover Compensation

The purpose of a personal injury claim, like the ones our team handles at Belushin Law Firm, P.C., is to allow individuals to pursue compensation for damages resulting from injuries. This type of case involves a variety of extraneous factors and complications. One of them is that it is essential to have a picture of the individual’s health before the incident to understand how the incident affected their health. If the person who was injured had pre-existing conditions before the injury, that condition would not be taken into account when determining damages.

However, if the incident made those pre-existing conditions worse, they would be entitled to compensation to that degree. This is called exacerbation or aggravation of pre-existing conditions. Victims of this kind of situation might be able to receive compensation for physical ailments and injuries as well as mental health conditions like anxiety and depression that happened as a result of the incident.

If the injured individual would like to press charges for exacerbation or aggravation of pre-existing conditions, they will have to answer questions about their past injuries and health conditions. It is important to answer these questions properly. If you are in this situation, the team at Belushin Law Firm, P.C. can help you determine the best ways to respond to these questions in a way that is accurate and relevant to your case.

It is common for the other party’s insurance company to look to pre-existing conditions as a means to avoid paying damages, so it is important to present the information in a way that shows how the incident made a negative impact. The other party’s insurance company might also ask for medical history and try to use it as evidence that the incident did not have a negative impact on your health. That is why it is so important to work with a personal injury attorney who will help you present your health records in a way that shows how the accident impacted you.

Although pursuing a personal injury claim can be a bit more complicated when you have a pre-existing condition, we want to make sure it does not deter you. While there can be more complications with this type of case, you also have some unique advantages. For example, if you are living with a pre-existing condition, it is more likely that you have been keeping up with regular doctor’s appointments and have more of an established medical history than other individuals who might not visit the doctor as often.

In terms of the level of compensation, you will be able to receive for exacerbation or aggravation of a pre-existing condition, this depends on the severity of the condition and the impact it made on your life. We will help you gather the necessary and important medical records you need to make this kind of claim and get the compensation you deserve. This can include damages to cover medical bills, lost income, pain and suffering, emotional distress, wrongful death, loss of companionship, punitive damages, caps on damages, and more.

If you need help gathering medical records and presenting them in a way that will help your personal injury case, call Belushin Law Firm, P.C. at (888) 918-9890 or contact us online.