Being Involved In an Accident With a Pre-Existing Condition In Arizona
Suffering an injury from a car accident, at work, or another situation is already difficult and overwhelming on its own, but it can be especially challenging if you already had a pre-existing medical condition before the accident happened. Unfortunately, insurance adjusters and their legal defense teams will try to take evidence of a pre-existing medical condition as a way to deny you financial compensation. Insurance companies will work hard to get out of making any payments toward your medical care, ongoing expenses, lost income, and damages for pain and suffering, especially if you have a pre-existing condition.
Arizona Accident Injury Law & Pre-Existing Conditions
Arizona code provides special regulations for accident-injury victims who have pre-existing conditions. If a case proceeds to court and the jury finds that the victim’s pre-existing condition was aggravated by the negligence of the defendant in the accident, the jury must determine what amount of financial compensation will fairly and reasonably compensate for the aggravation of that medical condition. The jury will also need to determine what amount of money will reasonably compensate the victim for any damages that were caused by the accident. They must do so even if the victim was more susceptible to injury due to their medical conditions than a healthy person would have been – even if it’s likely that a healthy person would not have suffered a similar injury in the same situation.
It’s important to work with a trusted Mesa personal injury lawyer who has experience with negotiations and understands personal injury law, because insurance companies are likely to try to use your pre-existing conditions as an excuse to deny your financial compensation. However, Arizona law indicates that you are entitled to compensation if an accident worsens a pre-existing condition that predated the accident. Your health before the accident must be taken into consideration when determining the validity of your claim and calculating what damages you are entitled to receive.
If you were actively treating a medical condition that existed before the accident, and then the nature, extent, and/or duration of the treatment changed as a result of the accident, you are entitled to financial compensation for the aggravated medical condition. Alternatively, you suffered from a pre-existing medical condition that had stabilized, but needed surgery or additional treatment as a result of the accident, you are entitled to financial compensation.
Because personal injury and accident cases can be complex and overwhelming, and insurance companies will continually look for any means possible to deny your claim, it’s imperative to consult with a top-rated Mesa personal injury lawyer who can examine the situation, negotiate with insurance companies on your behalf, and help collect evidence to build a strong case on your behalf.
What Should I Do If I Have a Pre-Existing Condition & Was Involved in an Accident?
After an accident happens, the first thing you should do is contact the police and have your side of the incident recorded in the police report. As soon as possible, seek medical attention at an emergency room, where a doctor can check your existing condition as well as look for any new injuries that may not have been immediately apparent at the time of the accident. Seeking medical attention immediately after an accident begins a crucial trail of medical documentation that can be very important to your personal injury case and will help your personal injury lawyer build a strong case on your behalf for the insurance company, and in court if necessary. Talk with your doctor about your pre-existing medical condition and discuss any new or worsening symptoms that you have noticed since the accident. Follow all recommended treatments and be sure to schedule a follow up appointment with the same doctor so that your progress or worsening symptoms can continue to be evaluated for any changes since the incident.
If you’ve been injured in an accident, schedule a consultation with a personal injury lawyer in Mesa for a case review. You may be entitled to compensation for your injuries, losses, pain, and suffering. Arizona law protects your right to financial compensation even if you had a pre-existing medical condition before the accident.
Talk With an Attorney About Your Accident & Injury
If you or someone you love has suffered an injury in an accident, the legal team at Dove Law Firm are ready to help you obtain the financial compensation you need to get your life back on track. Whether you were healthy or had a pre-existing condition at the time of the accident, we can provide a free, confidential case review to examine the evidence and help you understand your legal rights and options. Don’t let an insurance company deny you compensation because of a pre-existing condition! Trust us with your case and get started on your path to healing and recovery.
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