As we age, most of us will suffer some degree of degeneration. It’s called the aging process. Some people can have pretty severe degenerative conditions and be completely asymptomatic, and never know it, for their entire life. Whereas others may be symptomatic and suffer daily from this condition.
For those who are asymptomatic – meaning that they have no symptoms of any problem - a single traumatic event can make that otherwise asymptomatic condition become symptomatic. And for those who have symptoms, any traumatic event, like a car crash, can aggravate their condition and makes it worse. In either case, the underlying degenerative condition would be considered a pre-existing condition to the traumatic event.
The issue of pre-existing conditions and injuries comes up a lot in injury cases and, despite what many people think, the fact that you may have a pre-existing condition does not bar you from pursuing a personal injury claim. With that said, it can pose some challenges. This is because insurance companies love to point at any pre-existing condition and use it as a defense to claim that it is the pre-existing condition that is the cause of all your problems, and not whatever accident you were involved in. But what can you really do about it?
Well, if you’ve been involved in a traumatic event – like a car crash - you can’t do anything about the fact that you have a pre-existing condition, but you can take some steps to make sure that it’s clear and known that your pre-existing condition either became symptomatic due to your accident, or that your condition was aggravated as a result of it. Here are three steps you can take to ensure that your records are properly documented when it comes to your pre-existing condition and the effect your trauma had on it.
1. Report your Accident Immediately
Making a report of your accident at the time it occurs is extremely important. Whether it’s calling the police after a crash or reporting a slip and fall to store management, this is your first opportunity to document the event and, more importantly, any corresponding symptoms that you may have. This is also the first place the insurance company is going to look to see if you made any complaints of pain.
If you report pain immediately after an accident, it makes it much easier to point to that accident as the cause of your pain rather than having it be due to some preexisting condition. To the contrary, if you don’t report it or, worse yet, you report the accident but don’t report your complaints, the insurance company is going to think that you were fine at the scene, and it will make it easier for them to say that any later problems aren’t related.
2. Go to Your Doctor Immediately After Your Accident
Probably the most important thing you can do if you have a pre-existing condition and then aggravate it in an accident is to go to the doctor as quickly as possible after your accident. This is true even if your condition was asymptomatic.
The longer you wait to go a doctor after your accident the more that there will be what insurance companies call a gap in treatment. And in this scenario, the gap would be the period of time between the date of the accident and the first date of treatment. The longer this period of time, the more the insurance company will argue that the accident didn’t cause your problems. This is especially true if you had prior treatment for a pre-existing condition.
But if you go to the doctor right after the accident, then you’ve at least documented the event in your medical records contemporaneously with your complaints. This makes it harder to argue that the accident had nothing to do with your problems.
3. Tell Your Doctor How Your Symptoms are Different
This obviously only applies to someone who has had prior treatment for a condition, and not someone who was asymptomatic before an accident.
If you’ve had prior treatment for your condition, telling your doctor how your symptoms are different or worse (actually describing the difference) is very important so that your doctor is able to note any differences in your records. The closer this is documented to the time of the accident, ideally on the same day, the better off you are. Then it is all about consistency from that point on.
When it comes to pre-existing conditions, it’s all about documenting your complaints early and, if you do have a prior condition that you know about, it’s about making sure that the doctors know how your symptoms are different from before.
Call Jim The Lawyer, Accident and Injury Attorney,
After Your Riverview, Florida Car Accident
Hiring an experienced car accident lawyer can make all the difference in the outcome of your Riverview car accident case. If you’ve been injured in a Riverview, Florida car accident, Jim The Lawyer is here to help you fight to get the maximum compensation you deserve for your injury. If you’ve been injured as a result of someone else’s negligence, contact Jim The Lawyer, Accident and Injury Attorney, at (813)937-9907 for a FREE Consultation and Case Evaluation.
Personal Injury Attorney serving Apollo Beach, Gibsonton, Parrish, Riverview, Ruskin, Sun City Center, Wimauma and the Tampa Bay area.
All Rights Reserved | Jim The Lawyer
All Rights Reserved | Jim The Lawyer