The law in every state in this country provides that, if you had a pre-existing condition that was aggravated or made worse by an auto collision, you are entitled to compensation. To do otherwise would mean that it is ‘open season’ on those who are not one hundred percent health and would allow negligent driver’s to escape accountability for their negligence. Obviously, the negligent driver’s insurance company is not responsible for the physical condition that existed prior to the car wreck. They are, however, responsible for the increase in your condition that they caused.
The negligent driver’s insurance company will try to use the pre-existing condition to deny that their insured’s negligence caused your current physical condition. For this reason you must tell you personal injury attorney about all of your physical conditions and, particularly, any pre-existing condition that you may have. A skilled personal injury lawyer will know how to demonstrate how the car wreck aggravated or made your condition worse. Primarily, your lawyer will compare pre-accident medical records with post-accident records. This process will prove how much your injury has been worsened and how much damages you may be entitled to.
If you or a loved one have been involved in an auto collision and would like more information about the persona injury claims process, you can request a free copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike at 913-789-7477 to request a free consultation.