If you’ve recently been in a car accident in Kansas, you may be feeling overwhelmed and uncertain about what to do next. The aftermath of an accident is always stressful, especially when combined with the possibility of a pre-existing condition being impacted by the crash. It’s natural to feel confused, unsure about the next steps, and worried about how your pre-existing health conditions might affect your case. It’s important to understand that you are not alone, and there is support available to guide you through this process. The road ahead may seem complicated, but with the right help, you can navigate your way to a successful outcome.
What Are Pre-existing Conditions?
Pre-existing conditions are medical issues or injuries that you had before the car accident. These could include anything from chronic back pain to previous surgeries, mental health concerns, or conditions like arthritis. If you were in a car accident and already had a health issue, it might feel like you’re at a disadvantage when it comes to filing a claim. The question many people face is whether or not their pre-existing conditions will affect their car accident claim.
How Do Pre-existing Conditions Affect a Car Accident Claim in Kansas?
In Kansas, when you file a car accident claim, the goal is to get compensation for your injuries and damages. However, if you have pre-existing conditions, it could complicate matters. Insurance companies, and sometimes even the other party’s legal team, may argue that your injuries were caused by the pre-existing condition and not the accident. This can make it harder for you to prove that the car accident made your condition worse or caused new injuries.
The legal system recognizes that pre-existing conditions are a factor in personal injury claims, but it doesn’t automatically mean you won’t receive compensation. The key factor is whether the accident aggravated or worsened your existing condition. If the crash caused a flare-up, made an existing injury worse, or resulted in additional problems that didn’t exist before, you may still be entitled to compensation. However, proving that the accident directly caused the exacerbation of your condition can be a challenge.
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The Eggshell Plaintiff Rule in Kansas
Kansas follows a legal principle known as the “eggshell plaintiff rule.” This rule means that if you have a pre-existing condition, you are entitled to compensation even if the accident only worsened your injury or condition. The person or party responsible for the accident is still liable for the harm caused, even if the damage to you is more severe than it would be for someone without that pre-existing condition. In essence, the rule recognizes that your injury might have been more easily triggered by the accident, but that doesn’t lessen the responsibility of the at-fault party.
For example, if you have a previous back injury and a car accident causes further damage or pain to that injury, the law doesn’t care that the injury was already present. The responsible party is still liable for the added harm caused by the accident.
Challenges You Might Face With Pre-existing Conditions
One of the biggest challenges when dealing with pre-existing conditions in a car accident claim is proving that the accident made your condition worse. It’s common for insurance companies to try and reduce or deny compensation, arguing that the injury was due to your pre-existing condition and not the crash. This is why it’s important to have strong medical evidence to show how the accident worsened your condition or caused new injuries.
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Medical records are essential in this process. These records can help demonstrate the difference between the state of your condition before the accident and after the accident. If you had treatment or care for your condition before, your doctor can compare your symptoms before and after the crash to show that the injury worsened or became more severe as a result of the accident.
How Can a Lawyer Help With Your Case?
If you’re dealing with the complications of pre-existing conditions after a car accident, a skilled attorney can play a crucial role in ensuring that your rights are protected. Your lawyer can help gather the necessary medical evidence and work with experts to show that your pre-existing condition was worsened by the accident. They can also help present a clear and compelling case to the insurance company or in court to ensure you receive the compensation you deserve.
An experienced car accident lawyer will know how to navigate the complexities of dealing with pre-existing conditions. They understand how to present your case in the best light and will work to counter any arguments the insurance company or other party may make in an attempt to reduce your compensation. Lawyers are also trained in negotiation, ensuring that you don’t settle for less than what you’re entitled to.
What Compensation Can You Receive?
Even with a pre-existing condition, you may still be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages that result from the accident. If the car accident caused your condition to worsen, you could be entitled to compensation for ongoing medical treatment, physical therapy, or additional surgeries that may be required as a result of the crash.
The compensation you receive will depend on the severity of the injury, the extent to which the accident worsened your pre-existing condition, and how it has impacted your life. Your lawyer will help you determine the fair amount of compensation based on these factors.
Dealing with the impact of a car accident can be tough, especially when you have a pre-existing condition that may complicate your claim. It’s important to remember that the law in Kansas protects your rights, and even if you had a pre-existing condition, you may still be entitled to compensation if the accident worsened that condition.
At Melinda Young Law Firm, we understand how overwhelming it can be to navigate a car accident claim while dealing with the effects of a pre-existing condition. We’re here to help you through this difficult time and ensure that your case is handled with care and expertise. If you’ve been in a car accident and are facing challenges with your pre-existing condition, contact us today to schedule a consultation. Let us help you get the compensation you deserve and move forward with confidence.