If you suffer injuries as the result of a Michigan car accident, you may be able to file a personal injury claim in order to get compensation for those injuries. If you have lost income from wages, getting medical bills, or may have lost the ability to perform the job or occupation at the time of the your auto crash because of those injuries, then you may be able to make the at-fault driver’s insurance company pay in settlement or take the at fault driver to court.
The question many people ask is, how about if I had a pre-existing condition? How does my pre-existing condition impact a personal injury lawsuit. In Michigan, you can claim aggravation or exacerbation of a pre-existing condition such as arthritis or any other medical condition that was exacerbated. The law recognizes that many of us are walking around with health conditions or injuries that can be made much worse by even a minor accident.
In these cases, you are still entitled to compensation for a pre-existing injury.
Under the law, a pre-existing condition is any medical condition you can imagine that is present in a person’s body before they are involved in an accident. They can be made worse by the accident in question.
These examples are not all of the pre-existing medical conditions but merely examples of some conditions that may exist before you are involved in an accident. It’s crucial that you disclose any pre-existing conditions you have to your attorney, and your treating doctors to ensure that your past medical records match what you claim.
How does a pre-existing condition impact a personal injury claim varies depending upon the facts of the case. Sometimes a pre-existing condition can help you to recover more compensation, while in other cases it could mean you get less, depending upon the nature and extent of the aggravation or exacerbation. The root question comes down to is how your injuries impact your quality of life and disability.
If you were involved in an accident that aggravates or exacerbates a medical condition which you already were suffering from, then it’s possible to receive more compensation than someone who was healthy before the accident because the law recognize you may be susceptible to more or different kinds of injuries.
However, pre-existing conditions may impact how the judge or jury views your medical improvement after the accident. For example, if you were not functioning up to 100 percent of physical or mental capacity before the accident, then that will be the standard used to determine changes and what compensation you may be able to recover for your case.
In Michigan car accident, pre-existing conditions claims are generally complex and require an experienced car accident injury lawyer to adequately represent your best interests. Fortunately, an experienced personal injury attorney can help you determine what is possible in your particular case.
If you are involved in a Michigan car accident and have a pre-existing condition made worse by any accident, you must disclose your pre-existing medical condition as soon as you can to your doctors. You should also keep an injury journal to document that changes in symptoms and how the aggravation affects your ability to function. The insurance company adjuster will try to point to previous medical conditions, prior injuries or any accidents that caused them to avoid having to pay you.
When you are in an accident that makes a pre-existing medical condition worse, you can pursue non-economic as well as economic damages through a personal injury claim. In Michigan, you can also claim personal protection insurance benefits under the no-fault act up to the dollar limits of any auto insurance policy. These damages may include:
The fact that you were simply more susceptible to injury doesn’t relieve the at fault driver from responsibility to pay you compensation.
The key is to be very honest and explain the changes in any pre-existing conditions you have – or your claim can be rejected. In Michigan, the burden to prove your injuries will be placed on you, which can make the case difficult but not impossible.
If you have a pre-existing condition that is now worse as the result of a Michigan car accident, don’t be shy to pursue damages to which you may be entitled. After all, you deserve the same compensation as any other person, injured previously or not.
Joseph Dedvukaj is the founder at the personal injury law firm of The Joseph Dedvukaj Firm, P.C. For over 27 years, he has successfully represented countless people in all kinds of personal injury cases involving pre-existing conditions, with a particular focus on the specialty of car accidents, truck accidents, motorcycle accidents, pedestrian accidents, construction accident injuries, slip and fall accidents, dog bites, no-fault auto insurance litigation and many other personal injury matters. He has been recognized for excellence in the representation of injured clients by admission to the Multi-Million Dollar Advocates Forum, and is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys recognition in several publications for his excellent work. If you have injured in a car accident call 1-866-HIRE-JOE or contact us online for a FREE consultation to find out what can be done about your pre-existing medical condition claim.
