If you get involved in a harmful accident, you may already be dealing with enough pain, stress and confusion regarding your serious injuries as it is. If your medical history has a pre-existing condition, however, expect an even more complicated insurance process claim. Pre-existing injuries are often used by insurance companies to diminish claim payouts. Learn how to protect your rights in Minnesota as someone with a pre-existing condition.
What Is a Pre-Existing Condition?
Not every accident victim has a completely clean medical history. Many individuals are dealing with medical conditions, health problems and old injuries when their accidents take place. Examples include:
- Previous bone fractures
- A concussion that is still healing
- Back and neck injuries
- Slipped and herniated disks
- Degenerative disk disease
- Cancer
- Diabetes
- Arthritis
- Anxiety, depression or post-traumatic stress disorder
Under Minnesota law, these pre-existing injuries and medical conditions do not automatically bar an individual from making a financial recovery from the at-fault party. However, they can change how an insurance company handles the claim.
Can a Pre-Existing Condition Disqualify Me for Financial Compensation?
No, if you were injured in an auto accident in Minneapolis that was caused by a negligent party, a pre-existing medical condition will not disqualify you from recovering financial compensation from that party. One or more defendants can still be held accountable for their role in causing your accident and injury.
A legal doctrine called the Eggshell Skull Rule protects claimants with pre-existing injuries. It states that a defendant can be held liable for the full extent of an individual’s injuries caused by negligence – including any “unforeseeable and uncommon reactions” due to a plaintiff’s pre-existing conditions.
Defendants are required to take plaintiffs “as-is,” even if this is with a condition that makes the individual more inclined to suffer serious injuries than the average person. Under this law, a pre-existing condition will not bar you from a financial settlement or judgment award as long as the defendant’s negligence exacerbated your injury or caused new injuries.
When Should I Contact a Personal Injury Attorney?
If you have a pre-existing condition at the time of your accident in Minnesota, get medical care right away. Do not admit fault for the accident or injury. Disclose your pre-existing condition to the insurance company right away. Do not sign a Medical Authorization Release Form, as this can give the insurer blanket authorization to access all of your medical records. Instead, work with an attorney to submit only the records that are relevant to your claim.
Although insurance companies are aware that they legally must take liability for the wrongful acts of their policyholders regardless of any pre-existing injuries or conditions in the claimant, this does not stop them from attempting to use pre-existing conditions against clients. This is why it is important to know when to hire a Minneapolis personal injury lawyer to protect you.
A lawyer can advocate for your rights if an insurance company has rejected your claim or is attempting to reduce your payout due to the presence of a pre-existing condition in your medical history. Your attorney will negotiate for a fair settlement with an insurance claims adjuster on your behalf. Meanwhile, you can focus on healing and recovering from the accident. Contact Goldenberg Lauricella, PLLC today to start with a free case review.