When you’re involved in an auto accident, the road to recovery and compensation can be complex, particularly if you have pre-existing medical conditions. Both New Jersey and New York acknowledge that an accident can aggravate previous injuries or health issues, but proving this in a legal setting requires a strategic approach. Here’s a practical guide on navigating personal injury claims when pre-existing conditions are involved.
What Counts as a Pre-existing Condition?
Pre-existing conditions are any medical issues that were present before your recent auto accident. This could range from chronic illnesses like diabetes to previous injuries from another incident. Understanding how these prior conditions interact with your accident-related injuries is crucial in forming your claim.
Legal Considerations in NJ and NY
In both NJ and NY, the law provides a framework for individuals whose pre-existing conditions have been exacerbated by an accident. You are entitled to compensation for the aggravation caused, not just for the injuries attributed directly to the accident. However, the burden is on you to show that the accident made your existing condition worse.
Proving Exacerbation of Pre-existing Conditions
The success of your claim heavily depends on your ability to demonstrate that the accident negatively impacted your pre-existing condition:
- Medical Records: Maintaining a comprehensive set of medical documents is essential. These records should illustrate your health condition before and after the accident.
- Expert Opinions: Testimonies from healthcare providers or medical experts can clarify how the accident contributed to the worsening of your condition.
- Detailed Symptoms Tracking: Keeping a record of any increase in pain or changes in your condition after the accident can be pivotal.
Challenges You Might Face
Insurance companies are typically skeptical of claims involving pre-existing conditions. They might argue that your current health issues are unrelated to the accident. This is a common tactic to reduce the payout. Being aware of this approach can help you and your legal team counteract effectively, ensuring your case is presented robustly.
Why Legal Expertise Matters
Navigating auto accident claims with pre-existing conditions can be intricate. This is where the expertise of a personal injury lawyer becomes invaluable. An attorney with a deep understanding of NJ and NY personal injury laws can help you overcome legal challenges and advocate for your rightful compensation.
Conclusion
If you have pre-existing conditions and are involved in an auto accident in New Jersey or New York, it’s important to approach your claim methodically. While these conditions complicate your legal journey, they don’t preclude you from getting compensated. Tailored legal advice is crucial, as each situation is unique, and generic guidance might not apply directly to your case.
Approach your recovery and claim with the right information and expert support to ensure that your rights and well-being are fully protected. For any inquiries related to personal injury law, contact us anytime at 201-461-0031 or pi@songlawfirm.com.
Disclaimer: This column is intended for informational purposes only and does not constitute legal advice. For specific guidance tailored to your situation, please contact us at 201-461-0031 or email pi@songlawfirm.com for a consultation.