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Can Pre-Existing Conditions limit your Personal Injury Claim?

How can a pre-existing condition affect your personal injury case? If you have been the victim of another’s negligence then South Carolina law gives you certain rights. These rights can help guarantee you damages and compensation to pay for injuries sustained during your accident. However, having a pre-existing medical condition may affect your case if the insurance company uses the pre-existing condition to diminish your final settlement.

Types of Pre-Existing Injuries?

Pre-Existing injuries, conditions, and illnesses are common, however, insurance companies will try and use these past medical issues to their advantage. It’s important to know that these injuries should not prevent you from receiving what you believe is fair compensation. Being prepared is the best course of action.

Examples of Pre-Existing Conditions May Include:

  • Diabetes
  • Hypertension
  • Heart Disease
  • Arthritis
  • Sprains, strains, fractures
  • Muscle issues/tears
  • Previous accident injuries

Why Insurance Companies might diminish or deny your claim.

Do not try to hide a pre-existing condition from your insurance company, another party’s insurance provider, or your attorney. Hiding the fact you have a pre-existing condition will only hurt your case and it might cause you to be rejected from receiving any sort of damages. It is your responsibility to tell the insurance company about a pre-existing condition. The goal of an insurance company is to try and pay out minimally, for this reason they will try to claim your pre-existing injury as the reason you were hurt. One way to stop such allegations is to work with a seasoned personal injury attorney to represent you and your case. 

What are your rights if you have a Pre-Existing Condition?

Insurance companies are legally prohibited from denying your claim or full compensation due to a Pre-Existing Condition. Meaning, if you have an underlying condition, an insurance company cannot use it as a way to fully deny you coverage. The only way a company can deny your benefits is if you are claiming compensation in relation to that Pre-Existing Condition alone. This doctrine is called the Eggshell Skull Rule and it is well-established within our legal system. An injury from a car accident for example can worsen a Pre-Existing Condition, still, an insurance company or third-party cannot use this as a legal reasoning for denying a settlement.

Why Work with the Shaun Kent Law Firm. 

If you have been in an accident that was caused by someone’s negligence and are worried that your already existing medical condition will diminish your damage settlement, contact our team today. If you have been contacted by your insurance company or the other party’s insurance company regarding your pre-existing condition, it is advised you not respond before consulting a personal injury lawyer. Our firm has years of experience helping clients in Manning, Sumter, Columbia, and Charleston, South Carolina. Let us worry about the insurance company so you can focus on recovering from your injuries.

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