Those With a Pre-Existing Condition May Struggle to Get Fair Compensation
If a car accident caused your back condition or made it worse, you absolutely have a right to make a personal injury claim.
Legally, the insurance company is required to take an injured person “as they are.” If you have a pre-existing medical condition that is unaffected by the accident, then you won’t receive any compensation for it. But if your medical condition is aggravated by the accident, you are entitled to compensation—to the degree that it was made worse.
However, this does not mean that getting fair compensation for your medical bills, lost wages, and other damages resulting from your car accident injuries will be easy. Saying a car accident aggravated your scoliosis is one thing; proving it to the insurance company is another.
You will likely need strong evidence that establishes:
- Your condition, symptoms, and project long-term medical treatment needs as they were before the car crash
- Your condition, symptoms, and projected long-term medical treatment needs after the car crash
- A qualified medical opinion linking the aggravation in your symptoms to the crash
Always Get a Thorough Medical Evaluation After a Car Accident
Because the range of injuries possible in an auto accident is so vast, it’s not unheard of for a victim to walk away from the incident assuming that they’re physically unharmed, only to find themselves dealing with more pervasive problems days, weeks, months, or even years later.
Scoliosis is of vital concern to automobile accident victims — both for those who already suffer from the condition and those not diagnosed beforehand. Many accident victims find themselves wondering if they developed scoliosis because of the incident, while those with a pre-existing scoliosis diagnosis may develop a sneaking suspicion that the accident made it worse.
If you’ve been in an auto accident, regardless of how you feel immediately afterward, it’s critical that you seek medical attention immediately. Not only will this assure your well-being, but it will help you establish the best chance of filing an insurance claim for medical problems that may arise in the future.
Again, it’s very likely that the insurance company will try to argue that your scoliosis was pre-existing and not caused or made worse by the accident. The best way to defend yourself against that claim is to have detailed medical records, originating as close as possible to the date of the crash, outlining your diagnosis and the treatment steps you’re taking.
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