If you live with a pre-existing health condition, you’re not alone. Statistics indicate that about 2.7 million Arizonans live with a pre-existing condition, like heart disease or diabetes. When those living with a pre-existing condition are injured in a car accident, compensation for damages can get complicated.
People living with a pre-existing chronic condition may wonder if they’re even able to file a personal injury claim following a car accident. And the answer is yes, but professional legal guidance is recommended.
At Torgenson Law, we’re happy to guide our clients through the legal process, ensuring that their best interest and recovery are always the top priorities.
If you’ve suffered an injury in a car accident and you seek legal representation from an experienced Arizona personal injury lawyer like the professionals at Torgenson Law, it’s important to inform your attorney of any pre-existing medical conditions from the start. A savvy attorney will know how to manage this information and present it so that the court understands which injuries were caused by the accident and not by the chronic condition.
Separating the two is critical as a legal case unfolds.
Insurance companies have a way of leveraging pre-existing conditions in an effort to avoid facing a judgement for damages. It isn’t uncommon for insurers to blame the injured party or fault the party’s chronic condition for the injuries, to dispute the severity of the injury or condition, or to monitor or pass judgement on the treatment plan for the person who has been injured.
Some of the most common pre-existing conditions that have the potential to impact personal injury cases following a car accident include:
When an individual who has been injured pursues a claim against another party, the insurance company that covers the driver will do its best to pay as little as possible. When pre-existing conditions are part of the equation, adjusters attempt to reduce compensation by exploiting the impact of those conditions. And if someone who has been injured in an accident doesn’t disclose a pre-existing condition up front, those adjusters may reject the claim or make accusations of fraud.
That’s why having an attorney who is well-versed in personal injury compensation in Arizona is a smart move.
Despite the challenges associated with drawing a line between a pre-existing condition and the injuries experienced in a car accident, there are legal mechanisms in place to protect individuals who are injured. Two key principles help protect a personal injury claim.
The first is comparative negligence. This legal framework has the potential to assign portions of liability to multiple parties involved in a car accident. Those fractions of liability are then used to reduce the amount of damages that each party is eligible to receive. The biggest benefit of this framework is that it allows those who were injured to receive some compensation for those injuries even if they were partly at fault for the accident.
The second mechanism is what’s known as the “eggshell plaintiff rule.” This rule is especially insulating for individuals who were injured while living with a pre-existing condition because it compels a defendant to “take a plaintiff” as he is found. In short, this rule makes sure that those who are living with chronic conditions aren’t denied compensation due to their fragility or physical condition before the accident.
With an experienced personal injury attorney on your team, like the professionals at Torgenson Law, you have support throughout this entire process. The team at Torgenson Law helps its clients obtain and leverage expert medical testimony, gather documentation and medical records, and ultimately receive the compensation that is due.
No one should handle an injury from a car accident alone, especially if they are living with a pre-existing condition. The team at Torgenson Law is here to support you through the legal claim process, ensuring your best interests are represented. If you’ve been involved in an accident that resulted in injuries, reach out to our team today.
No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.
John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.
John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.
Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.
