Settling a personal injury claim involving the aggravation of a pre-existing condition can be complex. Insurance companies often attempt to minimize their liability by arguing that the injury is solely attributable to the pre-existing condition, not the accident. Understanding the legal nuances and developing a strong strategy are crucial for obtaining a fair settlement. This article will explore the key aspects of negotiating a settlement in such cases.
What is Aggravation of a Pre-Existing Condition?
Aggravation of a pre-existing condition refers to a situation where a previous medical condition is worsened or exacerbated by a new injury or accident. For example, someone with mild arthritis might experience significantly increased pain and limited mobility after a car accident that impacts their joints. The accident didn't cause the arthritis, but it undeniably worsened its symptoms and functional limitations. Proving this aggravation is key to a successful claim.
How is Aggravation Proven in a Settlement?
Proving aggravation requires meticulous documentation. This includes:
- Medical Records: Comprehensive medical records before and after the accident are essential. These records should clearly demonstrate the pre-existing condition's state before the incident and the subsequent worsening after the event. Imaging (X-rays, MRIs) can be invaluable in showing changes.
- Expert Testimony: A medical expert's opinion is often crucial. They can testify to the causal link between the accident and the aggravation of the pre-existing condition, detailing the extent of the worsening and its impact on the individual's life.
- Consistent Treatment: Consistent medical treatment following the accident, demonstrating attempts to manage the worsened symptoms, further supports the claim.
- Lost Wages and Medical Expenses: Documentation of lost wages due to the aggravated condition and all related medical bills is vital to calculating damages.
What if the Insurance Company Disputes the Aggravation?
Insurance companies frequently deny or minimize claims involving pre-existing conditions. They may argue that the current symptoms are solely attributable to the pre-existing condition, not the accident. To counter this:
- Strong Legal Representation: An experienced personal injury attorney is essential. They can help gather the necessary evidence, negotiate with the insurance company, and, if necessary, prepare for litigation.
- Independent Medical Examination (IME): While often requested by insurance companies, a well-chosen IME can also be beneficial if the chosen physician is credible and supports the claim.
- Detailed Documentation: Meticulous documentation, as outlined above, provides a strong foundation for refuting the insurance company’s claims.
How is the Settlement Amount Calculated?
The settlement amount in cases involving the aggravation of a pre-existing condition depends on several factors:
- Extent of Aggravation: The severity of the worsening of the pre-existing condition directly impacts the settlement value.
- Medical Expenses: All reasonable and necessary medical expenses incurred due to the aggravation are included.
- Lost Wages: Compensation for lost wages due to inability to work is also factored in.
- Pain and Suffering: Pain, suffering, and diminished quality of life resulting from the aggravation are considered.
- Jurisdictional Laws: State laws significantly influence the calculation of damages.
What are the common mistakes to avoid when negotiating a settlement for aggravation of a pre-existing condition?
- Settling too quickly: Without proper documentation and legal counsel, you might undervalue your claim.
- Not seeking medical attention: Delaying or forgoing medical treatment weakens your case.
- Failing to document all expenses: Maintain detailed records of all medical bills, lost wages, and other expenses.
- Not hiring an attorney: Navigating these complex legal issues requires professional guidance.
How do I find a qualified attorney for my case?
Finding a qualified attorney specializing in personal injury law is vital. Look for attorneys with experience handling cases involving the aggravation of pre-existing conditions. Check online reviews, and consult with several attorneys before making a decision. A free initial consultation is common.
This information is for educational purposes only and should not be considered legal advice. Consult with a qualified legal professional to discuss your specific situation and legal rights.
