Pre-existing medical conditions can sometimes muddle a settlement offer. Most insurance companies see them as a means to limit your compensation, but the reality is that there are times when a pre-existing condition could help you get more for your injuries and damages compared to if you didn’t have them.
Pre-existing conditions are not always something that will limit what you are entitled to if your St. Louis car accident attorney can prove that you suffered more due to them.
When Pre-Existing Conditions Can Be a Problem
Pre-existing conditions can be a tool that the insurance company uses to deny your claim or to offer you less. Often, insurance companies will claim that your injuries weren’t caused by the incident, but were due to an injury you had before it.
For instance, if you had knee surgery before the accident and your knee is wounded in the collision, the insurance company might try to deny your claim saying that the injury was there before, and you are just trying to blame it on the car accident.
When Pre-Existing Conditions Might Be an Advantage
Concerning non-economic damages, having a pre-existing condition can mean that you are entitled to more. Non-economic damages are the types of costs that are intended to compensate someone not for what they lost economically speaking; instead, they are aimed at paying someone for their experience as a result of it.
Things like pain and suffering and emotional distress are all things that are considered non-economic damages.
If you are someone who has fibromyalgia or another nervous system pre-existing condition, it can be argued that your pain and suffering is worse than an average person would be and, therefore, due to the accident, you suffered to a higher degree because of your pre-existing condition.
Since non-economic damages are calculated relative to the amount of pain and suffering that someone has endured, someone who has a pre-existing condition that makes their experience worse would be entitled to more compensation.
The same goes for emotional distress. If you are someone who already suffers from depression and anxiety, and is in a severe accident, it can be argued that your experience was worse than someone who did not have a history of emotional hardship.
If your pre-existing condition worsens your negative experience after the accident, then it can be used in your favor to get you more in non-economic damage compensation.
Getting Legal Help 24/7
Although an insurance company will try to use your pre-existing condition as a way to limit, or even to deny your insurance claim, your St. Louis car accident attorney can turn it from a negative to a positive by proving that your pre-existing condition entitles you to a higher amount of non-economic damage compensation.
To make sure that your pre-existing conditions work in your favor, speak with an experienced attorney ASAP following a car accident. Call us 24/7 at (314) 361-4242.