Can I Be Compensated for Pre-Existing Conditions After a Car Accident?
If you have been hurt in a car accident in Brooklyn, New York, you may be entitled to recover compensation for your medical bills, lost wages, and pain & suffering. However, you might be wondering how a pre-existing condition will affect your claim. Rosenbaum Personal Injury Lawyers can help you get the compensation you deserve.
While injury victims are not entitled to compensation for the pre-existing condition itself, they are entitled to recover compensation for an aggravation of that condition. Additionally, pre-existing conditions might make some accident victims more prone to injuries or complications. Contact our Brooklyn car accident lawyers online or call (718) 550-3601 today for a free consultation to discuss your Brooklyn personal injury claim.
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How Rosenbaum Personal Injury Lawyers Can Help After a Car Accident in Brooklyn, NY
We understand that you have many options when choosing a personal injury law firm.
Here’s how the Brooklyn car accident lawyers at Rosenbaum Personal Injury Lawyers stand out:
- Personalized attention: You’ll work directly with an attorney who’s always available to answer your questions and keep you informed.
- Proven results: We have a track record of securing full and fair compensation for car accident victims across Brooklyn.
- Thorough investigations: We use our resources to determine exactly what caused your accident and who’s responsible.
- Tough negotiators: We don’t back down when facing insurance companies or large corporations—we fight for every dollar you deserve.
- Client-first approach: We take the time to explain your options so you can make informed decisions about settlement offers or trial.
- No win, no fee: We handle car accident cases on a contingency fee basis. That means you don’t owe us anything unless we win compensation for you.
At Rosenbaum Personal Injury Lawyers, we’re fully committed to helping you move forward after a crash. Contact us today to schedule a free consultation and find out how we can help.
What Is the “Eggshell Skull” Rule?
The “eggshell skull” rule means that a defendant must take the plaintiff “as they are.” Essentially, your current health must be taken into account when evaluating your claim. For instance, imagine that you suffer from degenerative disc disease and are rear-ended at a red light. You may suffer serious pain and additional back injuries after the accident.
In this example, someone with a completely healthy back may not have suffered the same outcome. Since the wrongdoer must take the victim “as they are,” they are responsible for the resulting injuries they caused, even though you were more susceptible to additional back injuries than the average person.
Common Examples of Pre-Existing Conditions
There are many types of pre-existing conditions that might come into play after an accident. Some conditions make you more susceptible to future injuries. Others might make your recovery period longer or put you in more pain after a subsequent injury.
Some common types of pre-existing conditions include:
- Previous fractures or broken bones
- Degenerative disc disease
- Cancer
- Fibromyalgia
- High blood pressure
- Heart conditions
- Anxiety
- Depression
It is always important to be up front and honest about your pre-existing conditions after an accident. However, remember that the insurance company will try to use everything you say against you.
You should not attempt to claim that your accident caused your pre-existing condition, and you should always get help from an experienced lawyer to help you deal with the insurance company.
How to Deal With the Insurance Company if You Have a Pre-Existing Condition
Dealing with the insurance company can be stressful and challenging. The insurance company is in business to make money, and that means protecting its bottom line. The more money they pay on your claim, the less money they have in their pocket.
When dealing with a pre-existing condition, insurance companies will focus heavily on your condition. They will try to make it as difficult as possible to prove that your accident actually caused your injuries. They will claim that all your pain and issues are a result of your pre-existing condition and not the accident. There are many tactics and tricks they may use to minimize the value of your claim, so keep these tips in mind when dealing with them.
Accepting Responsibility
The insurance adjuster may be quick to claim that they accept responsibility for your accident. They are likely trying to build rapport and gain your trust. Remember that the adjuster is not your friend, and they work for the insurance company. Quickly accepting responsibility likely means they are preparing to make a lowball offer.
Quick Settlement Offers
After an accident, you are likely dealing with medical bills and other expenses. The insurance adjuster knows this. A quick offer of a few thousand dollars might sound very enticing to help with those bills. However, quick settlement offers are usually much lower than what your case is actually worth.
Remember that once you accept an offer, your ability to obtain additional compensation is gone. The adjuster may be trying to tempt you to accept that offer to make your claim disappear.
Asking for a Recorded Statement
The insurance company will usually try to obtain a recorded statement from you very soon after your accident. They might even tell you that you must give them a statement for your claim to be processed. Know that you are not obligated to give the insurance company a recorded statement.
Suggesting You Don’t Need a Lawyer
Insurance companies often suggest that they will be fair and that there is no need to hire a lawyer. This could not be further from the truth. In fact, an experienced lawyer can help you prove causation between the accident and your injuries even while considering your pre-existing condition.
Contact Our Brooklyn Car Accident Lawyers for a Free Consultation
If you were hurt in a car accident—whether or not you had a pre-existing condition—Rosenbaum Personal Injury Lawyers is ready to fight for the full compensation you deserve. Our experienced Brooklyn car accident attorneys understand how to navigate complex claims, including those involving prior injuries aggravated by the crash. We’ll work to hold the at-fault party accountable for all the harm you’ve suffered.
Call today to schedule your free consultation with a trusted Brooklyn car accident attorney.
