Can I Be Compensated for Pre-Existing Conditions After a Car Accident in Huntsville?
A pre-existing condition does not prevent you from recovering compensation after a car accident in Huntsville, AL. Alabama law allows injured victims to recover compensation for all their injuries and damages. This means that you can recover compensation for aggravation or worsening of a pre-existing condition, although you cannot recover compensation for the underlying injury or condition itself.
A pre-existing condition can complicate the claims process after a car accident. Determining the amount of damage done by the accident versus what was already present can be challenging. Keep reading below to learn all the details about recovering compensation for a pre-existing condition after a car accident in Huntsville.
What Is a Pre-Existing Condition?
A pre-existing condition is any health condition or injury that existed before your accident.
This may include many types of previous injuries or conditions, such as:
- Hand or wrist injuries
- Arm and leg injuries
- Mental health conditions
- Broken bones
- Degenerative disc disease
- Nerve damage
Understanding pre-existing conditions is often easier by looking at an example. Imagine that you injured your knee at work and lost 20% of the mobility in your knee. Two years later, you are hurt in a car accident. The work-related knee injury that you suffered would be a pre-existing condition for your car accident claim.
Pre-existing conditions may result from prior accidents or injuries, like the example above. However, they can also be the result of health conditions. For instance, if you’ve been diagnosed with degenerative disc disease and then get into a crash, that condition could significantly impact how severely the accident affects you and how your claim is handled.
How Pre-Existing Conditions Affect Your Financial Recovery After a Car Accident
A pre-existing condition does not prevent you from recovering compensation after a car accident. Accident victims with pre-existing conditions are still entitled to recover both economic and non-economic damages for their injuries. However, you can only recover compensation for the additional damages caused by the accident.
For example, imagine that you are hurt in an accident and lose 25% of the use of your arm. Later, you are injured in a car accident and are left with a complete loss of use of that same arm. You would be entitled to recover compensation for the additional 75% loss of use that was caused by the car accident.
This is a fairly straightforward example. In real accident cases, things are rarely that simple. Disputes often arise about whether a victim’s injuries were already present or were aggravated by the accident.
Handling a Claim Involving a Pre-Existing Injury
Some accident victims may attempt to hide their pre-existing condition. This is not a good idea, and it can actually hurt your claim. You should always be open and honest with your doctor about any pre-existing conditions that you have. Likewise, you should be honest with your lawyer about your medical history.
Your lawyer can use medical experts as necessary to prove the damage done by the accident. If your pre-existing condition is uncovered during the settlement or trial process, it could greatly reduce the value of your claim. The sooner you disclose your condition, the less likely it is to cause any surprises during the claims process.
Contact Belt, Bruner & Barnett Personal Injury Lawyers for a Free Consultation With a Huntsville Car Accident Lawyer
If you’ve been hurt in a car accident in Huntsville — even if you had a pre-existing injury — you may still be entitled to compensation. The experienced attorneys at Belt, Bruner & Barnett Personal Injury Lawyers can help you prove that the crash made your condition worse and fight for the full value of your damages.
Our award-winning Huntsville car accident attorneys will stand by your side every step of the way. Call us today for a free consultation.
We serve Shelby County, Madison County, Montgomery County in Alabama, and its surrounding areas. We are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 973-6417
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Huntsville, AL, 35801
(256) 781-9242
Or find us with our GeoCoordinates: 34.73159361945047, -86.58690898412395
Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 518-6098
Or find us with our GeoCoordinates: 32.373594220209505, -86.3092041262694