What if I have pre-existing medical conditions in a personal injury case?
In California, if you have pre-existing medical conditions in a personal injury case, those conditions can affect the amount of money you can receive in a settlement. Insurance companies may argue that your injuries would have been less serious if not for your pre-existing medical condition. Therefore, the insurance company may offer you a lower settlement. Depending on the severity and extent of your pre-existing medical condition, it may also be difficult to prove the damages sustained in the injury were primarily caused by the at-fault party. If you decide to pursue a personal injury claim with pre-existing medical conditions, it is important to be honest with your attorney from the start. You should provide your attorney with information about your pre-existing medical condition, as well as documentation of your medical visits, treatments, and medications related to the condition. This will help your attorney get a better understanding of your condition and what you are entitled to under the law. Additionally, it is important to be honest with your doctor about your pre-existing medical condition and to document any new symptoms or exacerbation of existing symptoms after the injury. This will make it easier to connect your pre-existing medical condition to the injury. The key to being successful in a personal injury case with pre-existing medical conditions is to be open and honest with your attorney and do your best to document any changes to your condition that occurred as a result of the injury.
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