Can Insurance Companies Deny Claims for Pre-Existing Conditions?
Posted on Saturday, April 15th, 2023 at 5:15 pm
Insurance companies often put profits over people, and one tactic they use to save money is to argue your injuries are due to a pre-existing medical condition. They’ll argue that if your injuries are related to a pre-existing condition instead of an accident, they shouldn’t have to cover them. However, a pre-existing condition does not release an insurance company from its responsibilities toward policyholders or other injured parties. Even if you have a prior medical condition, an accident can aggravate that condition, and the insurance company should pay for your injuries if that’s the case.
The Beaumont, TX, personal injury attorneys at Portner Bond, PLLC have helped many people with pre-existing conditions recover fair compensation after an accident. This guide will provide information on what pre-existing conditions are, common pre-existing conditions that insurance companies scrutinize, and how a Texas personal injury lawyer can help you fight back against an insurer.
What Are Pre-Existing Conditions?
A pre-existing condition is any medical issue or injury you had before an accident. Insurance companies may try to argue that your pre-existing condition contributed to your injury or that it’s the primary cause of your current medical problems. It’s important to recognize that having a pre-existing condition doesn’t automatically disqualify you from receiving compensation, but it may require a more strategic approach to your case.
Common Examples of Pre-Existing Conditions
Some typical pre-existing conditions that insurance companies may focus on include:
- Degenerative disc disease: A condition affecting the spinal discs that can cause chronic pain and make individuals more susceptible to injury.
- Arthritis: A joint disorder that can lead to pain, stiffness, and limited mobility, potentially complicating a personal injury claim.
- Chronic pain: Persistent pain that may impact your ability to work and could be attributed to a previous accident or injury.
- Prior injuries: Past fractures, sprains, or other injuries that may have left you more vulnerable to re-injury during an accident.
- Mental health conditions: This includes conditions such as anxiety, depression, or post-traumatic stress disorder, which may be exacerbated by the accident.
- Obesity or Overweight: If you’re overweight, insurance companies may argue that your weight played a role in your injury and that you would have been less likely to sustain injuries if you were in better shape.
- Smoking or Substance Abuse: Insurance companies may try to argue that smoking or substance abuse worsened your injuries or that you were under the influence at the time of the accident, which led to your injuries.
What Is the “Eggshell Skull” Rule, and How Does It Affect a Personal Injury Claim?
The “Eggshell Skull” rule is a legal principle stating that defendants must take their victims as they find them. In other words, if you have a pre-existing condition that makes you more susceptible to injury, the at-fault party is still responsible for the full extent of your damages.
This rule is crucial for personal injury claims, as it prevents insurance companies from denying compensation simply because of a pre-existing condition. However, they may still try to argue that your condition contributed to your injury, making it essential to have experienced legal representation on your side.
How Our Texas Personal Injury Attorneys Can Help With Your Case
Our dedicated Texas personal injury lawyers have extensive experience handling cases involving pre-existing conditions. We are committed to:
- Gathering necessary evidence: We’ll meticulously collect medical records, expert opinions, and other relevant evidence to demonstrate that your injury resulted from the accident rather than your pre-existing condition.
- Working with medical experts: We’ll collaborate with medical professionals to help substantiate your claim and clarify the relationship between your injury and pre-existing condition.
- Building a strong case: Our attorneys will develop a compelling argument to demonstrate that the accident, not your pre-existing condition, is responsible for your current medical issues and financial losses.
- Fighting for fair compensation: We’ll aggressively negotiate with insurance companies on your behalf, seeking the maximum compensation to cover medical expenses, lost wages, and pain and suffering.
Is an Insurance Company Refusing to Accept Your Claim After an Accident? Contact Our Texas Personal Injury Lawyers Now
If you did not cause your injuries, a pre-existing medical condition does not and should not bar you from recovering fair compensation after an accident. The Beaumont, TX, personal injury lawyers at Portner Bond, PLLC are here to protect your rights and push back against insurance companies’ aggressive tactics. Call us today at (409) 838-4444 or visit our contact page for a free consultation.
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