Getting injured in an accident can be scary. Not only can your recovery trigger anxiety, but not knowing whether you’ll receive compensation for your damages may cause additional stress. If you were in an accident and your pre-existing condition was exacerbated, recovering a settlement from the negligent party may be difficult. But, it’s not impossible.
An experienced Denver personal injury lawyer can determine who’s liable for your accident and gather evidence to show how the negligent party’s actions made your ailment worse. Just because you have a pre-existing condition doesn’t mean you’re responsible for subsequent injuries. At Justice for Colorado, we can help you pick up the pieces of your life and help lift your financial burden.
If you hope to get the most out of your personal injury claim, you must determine the severity of your injury by subtracting your prior symptoms from the equation. The negligent party in your accident is financially responsible for making your ailment worse, but they aren’t responsible for your condition in its entirety. This is where pre-existing conditions and accidents get complex.
One way to determine the severity of your injury is to get a medical assessment. If a doctor was treating you prior to the accident, the same doctor can treat you after the accident to perform a detailed comparison of the physical, emotional, and lifestyle effects. Your doctor can also assess how your new injury could affect you financially.
Aside from examining your injury before and after the accident, the defendant’s attorney will look at how susceptible you are to injury because of your pre-existing condition. For example, someone without back problems may get into a minor car wreck and walk away without a scratch, but someone with back problems may be more likely to suffer a severe back injury in a minor collision.
Thankfully, any negligent party in an accident is responsible for injuries they’ve caused, regardless of the victim’s susceptibility to injury. Although the defendant isn’t financially responsible for injuries or symptoms acquired before the accident, the victim’s probability of injury caused by a pre-existing condition isn’t a viable defense.
As long as you can separate what part of your injury is new and prove that negligence caused the new symptoms, you shouldn’t have trouble recovering a settlement. Once you’ve named a defendant, start assessing your claim value by calculating the financial losses you’ve suffered.
Your medical expenses may include surgery, medications, doctors’ visits, or physical therapy. You may also have property damage and lost wages to recover from being out of work. Non-financial losses may include pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, and loss of consortium.
You should never try to hide a pre-existing condition after getting injured in an accident. If you do and the defendant finds out, you’ll risk losing your case. It’s better to begin your lawsuit with honesty and fight for the money you deserve.
If you want to discuss your case with a Denver personal injury lawyer from Justice for Colorado, call 303-647-9691 to schedule a free consultation or check out our website for more information.
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