Does My Pre-Existing Condition Affect my Car Accident Claim in Utah?

Car accidents can exacerbate or worsen a victim’s underlying condition. As a Salt Lake City car accident lawyer can tell you, your personal injury claim might be significantly impacted by this, sometimes for the better. The final amount of your compensation depends on several factors. One of the factors is how much of the event’s impact on your pre-existing condition you can demonstrate, but it doesn’t necessarily exclude you from making a vehicle accident claim. 

If you have a pre-existing condition when you have a car accident claim in Utah, you could be able to get more money in compensation if the vehicle accident you were in significantly worsened it, with the help of a Salt Lake City car accident lawyer. After all, treatment can be more difficult, take longer to recover, and significantly lower your quality of life.

Understanding Pre-Existing Conditions

A pre-existing condition is a medical condition that existed prior to a car accident. Examples of pre-existing conditions include diabetes, heart disease, arthritis, and other chronic illnesses. Pre-existing conditions can also include injuries sustained in previous accidents.

How Pre-Existing Conditions Can Affect Your Car Accident Claim

In Utah, if you have a pre-existing condition that is aggravated or made worse by a car accident, you may be entitled to compensation for the additional medical expenses and any other damages resulting from the aggravation. However, if you had a pre-existing condition that was not affected by the car accident, it may be difficult to prove that the accident caused any additional medical expenses or damages.

The Eggshell Skull Rule

In Utah, the “eggshell skull” rule applies to car accident claims. This means that if you have a pre-existing condition that makes you more susceptible to injuries, the at-fault driver is responsible for the full extent of your injuries, even if those injuries are more severe than they would be for someone without the pre-existing condition. For example, if you have a pre-existing back injury and you’re rear-ended, the at-fault driver is responsible for the full extent of your back injuries, even if they are more severe than they would be for someone without a pre-existing back injury.

The Burden of Proof

If you have a pre-existing condition that is aggravated by a car accident, it is important to prove that the accident caused the aggravation. This can be difficult, as the at-fault driver’s insurance company may argue that your pre-existing condition was the cause of your injuries, rather than the car accident. To prove that the car accident caused the aggravation of your pre-existing condition, you may need to provide medical records and testimony from medical professionals. It may also be helpful to provide evidence of any changes in your condition after the car accident.

Insurance Company Tactics

Insurance companies are often looking for ways to minimize their payout on car accident claims. The insurance company may try to use this to their advantage by arguing that your pre-existing condition was the cause of your injuries in order to minimize their payout on your car accident claim. It’s important to be cautious when speaking with insurance adjusters and to avoid admitting fault or downplaying your injuries. Before speaking to an insurance agent, contact a Utah accident attorney to protect your interests. 

Seeking Legal Help

If you have a pre-existing condition and you have been injured in a car accident, it’s usually beneficial to seek the help of an experienced car accident lawyer. A personal injury attorney can help you navigate the complex legal process and negotiate with insurance companies on your behalf. A car accident lawyer can also help you gather the necessary evidence to prove that the car accident caused the aggravation of your pre-existing condition and can fight for your right to fair compensation for your injuries and damages. 

If you have a pre-existing condition, it’s important to understand how it can affect your car accident claim in Utah. While a pre-existing condition may complicate your claim, it doesn’t automatically prevent you from seeking compensation for your injuries and damages. Contact Craig Swapp & Associates, your Utah accident attorney. We are here to help!