If you have filed a personal injury claim or are negotiating with an insurance company for a settlement after an accident, you may be denied compensation or your claim may be devalued because of a pre existing condition. But under New Jersey law, you have a right to financial compensation for your losses when you are hurt in an accident that is someone else’s fault, regardless of a pre existing condition. In order to be compensated, you need to prove that your injuries were made worse by the accident which may require the help of a personal injury lawyer.

Example of Pre Existing Conditions Impacted by Injury Claims

The consequences of an injury can be severe. Whether it's a car accident or a slip and fall incident at a local business, a traumatic injury can cause a pre-existing condition to become much worse off. Some examples of pre-existing conditions that tend to be at issue in a personal injury claim include:

  • Degenerative disc disease/Herniated disc
  • Broken bones that had previously healed
  • Lower back strains
  • Arthritis
  • Hernias
  • Shoulder and knee injuries
  • Concussions and other brain injuries
  • Fibromyalgia

Many people have underlying health conditions. But if an accident that was not your fault caused what was a manageable condition to worsen, you are entitled to financial compensation for those exacerbated injuries. 

Proving Your Case

The crucial evidence you need to fight the insurance companies on your pre-existing condition and devalued claim will come down to establishing the fact that you weren’t experiencing your current symptoms prior to the accident. The more you can ultimately distance your current symptoms with the medical attention of your pre-existing condition, the better. If your medical and employment records show that your medical needs were less and you were able to work, then you will be able to build a strong case for financial compensation.

Challenging an Insurance Denial or Devalued Claim

Insurance adjusters' best interest lies with their employer, the insurance company. They are trained to thoroughly investigate any claim where a pre-existing condition is at play and will often deny or devalue the claim. Adjusters will undoubtedly argue that the injuries you sustained in the accident were not actually caused by the accident.

If you’ve been injured by someone else’s negligence, regardless of pre-existing injuries, it's important to know that you can still recover damages like medical expenses from the accident and lost wages from time off to recover. You don’t have to accept a lowball offer from an insurance company. An experienced personal injury attorney can negotiate and prove your case to the insurance company and/or file a claim against the responsible party. You don’t have to go it alone.

Brandon J. Broderick, Personal Injury Lawyers

Working with an experienced personal injury attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, we negotiate with insurance companies on your behalf and build a case to prove your losses. You pay nothing upfront. We work on contingent fees that are only collected if we win your case. 

Contact Brandon J. Broderick, Attorney, at Law, for a free consultation. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback.

Posted by: Brandon J. Bro…
Date: Wed, 04/14/2021 - 15:13

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