Preexisting Injuries And Car Accidents
Experiencing personal injuries from a car accident is quite common. Mild injuries such as back or neck strains or sprains can occur. Or perhaps more serious injuries resulted such as a broken wrist or a serious shoulder injury. But what if you have had in the past similar injuries to same body part you injured in your car accident. These previous injuries are referred to as preexisting injuries. How is it handled with preexisting injuries and car accidents?
Car insurance companies are always looking for a way to avoid paying fair compensation to injured claimants. One way they do that is to argue that the injuries claimed from a car accident are preexisting. They will claim that your claimed back injuries actually began well before the accident. They will want to see your prior medical records to support their claim that you have preexisting injuries. They may also pay a doctor to write a “record review” which almost surely be written to favor the insurance company’s position that the claimed injuries are actually preexisting injuries, rather than new injuries.
If the personal injuries you claim from the automobile wreck are the same personal injuries you have already been living with, then the value if your claim will be reduced. But if the preexisting injury was worsened or exacerbated due to the accident, then the claim value will be less effected.
This applies not only to car accident cases, but to all personal injury accidents, including workers’ compensation accidents. With these disputes with insurance companies, the battle is almost always won or lost based on what your medical records say.