Can I Be Compensated For Pre-Existing Conditions After a Car Accident?
Would you like to know whether you can recover compensation for your pre-existing conditions after your auto accident in Oklahoma City?
If so, the experienced personal injury lawyers at the McGuire Law Firm have the answers you need.
Give us a call today to set up a free consultation at our conveniently located law offices.
What is a Pre-Existing Condition?
In the legal industry, a pre-existing condition is any injury, illness, or health issue that impacted a victim before they got into an accident. As per the Centers for Medicare and Medicaid Services, between 50 and 129 million non-elderly Americans have a condition of this nature.
A short sampling of some of the most common types of pre-existing conditions in Oklahoma City would include:
- Previously broken bones
- Previously damaged internal organs
- Old traumatic brain injuries
- Old joint injuries
- Old spinal cord injuries
- Old eye injuries
If you have a pre-existing condition, and recently suffered an injury in a motor vehicle accident in Oklahoma City, OK, please reach out to the McGuire Law Firm as soon as possible. Our skilled team has been handling complex cases like yours for many years and would be more than happy to examine your medical history to determine your eligibility for compensation.
Is it Possible to Recover Damages for Pre-Existing Injuries After Car Accidents in Oklahoma City?
It is rarely possible for Oklahoma City residents to recover damages for their pre-existing conditions when they get into an auto accident. Because their injury, illness, or health issue was present before their crash, neither the at-fault party nor their insurance company is liable for them.
Of course, having pre-existing health challenges does not preclude Oklahoma City auto accident victims from recovering compensation for new injuries sustained at the hands of a negligent motorist. Most injured parties can seek damages for their:
- Medical bills
- Rehabilitative care costs
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
If the at-fault motorist’s actions were malicious, the victim may also seek punitive damages. The state of Oklahoma caps these damages at $100,000 (23 OK Stat § 23-9.1).
Do you need an experienced personal injury attorney to help you file suit against a negligent or reckless motorist after an auto accident in Oklahoma City? Then please do not hesitate to reach out to the legal team at the McGuire Law Firm. Our lawyers have the knowledge and skill necessary to handle your case with the care it deserves.
What to Do if an Insurance Company Claims That a Legitimate Injury Was a Pre-Existing Condition
It is, unfortunately, not at all unusual for unscrupulous insurers to try to claim that a victim’s legitimate car accident injury is a pre-existing condition. They do so in an attempt to delay paying them the money they deserve – or deny their case entirely.
Fortunately, policyholders do not have to accept this behavior from their insurance company. They can prove that their injury is genuine by:
Providing Detailed Medical Records
The most straightforward way for an Oklahoma City auto accident victim to prove that they did not have any pre-existing conditions is to present the court and all involved insurance companies with their complete medical history.
To obtain these records, victims must send a request to their doctor or hospital. Individuals who do not wish to take this step alone may have an attorney file the request on their behalf.
Obtaining a Written Statement from Their Doctor
Should the defendant’s insurer continue to argue that the victim’s injury is illegitimate, they can have their physician write and sign a statement that confirms their lack of pre-existing conditions. The opinion of a medical professional can hold a lot of weight in these types of cases.
Would you like to have a knowledgeable personal injury lawyer from the McGuire Law Firm help you prove that your insurance company’s claims are inaccurate? If so, please do not hesitate to reach out and set up a free consultation at our headquarters in Oklahoma City. We have been handling personal injury claims like yours for many years, and we are ready to go to battle on your behalf.
Is it Possible to Recover Compensation When an Oklahoma City Car Crash Aggravates a Pre-Existing Condition?
Ordinarily, it is not possible to recover compensation for pre-existing conditions after auto accidents in the state of Oklahoma. However, it is sometimes possible to seek damages when a collision aggravates such an injury or ailment.
Under the eggshell plaintiff doctrine, car crash victims may recover compensation for an aggravated prior injury if:
- Their pre-existing injury, ailment, or health issue was stable at the time of the accident, and
- They did not have any reason to believe that their health condition would worsen
The eggshell plaintiff doctrine also forbids insurance companies to deny a policyholder’s car accident claim because their pre-existing condition made them more susceptible to injury than an otherwise healthy person.
If a car crash aggravated a pre-existing condition of yours, please do not hesitate to reach out to the skilled litigators at the McGuire Law Firm in Oklahoma City, OK. We have many years of experience in the legal field and are more than ready to stand up and help you fight for the compensation you deserve.
How the McGuire Law Firm Can Help You Recover the Compensation You Deserve
Over the years, the attorneys at the McGuire Law Firm have helped a plethora of Oklahoma City residents file lawsuits after car accidents. During that time, our skilled legal team has recovered untold sums of money on behalf of our clients.
When you ask our Oklahoma City personal injury lawyers to assist you with your pursuit of damages, we will:
Provide You with Astute Legal Advice
As you work through your auto accident lawsuit, you will most likely encounter a multitude of tough situations that you aren’t quite sure how to handle. However, if you can make smart decisions and move past them, you may be able to boost your chances of recovering the compensation you deserve.
So, how can you know how to respond when faced with these tricky scenarios? Well, when you hire the McGuire Law Firm, our attorneys will be by your side throughout your case to provide you with astute legal advice at any time. We have been handling cases like these for years, so you can be confident that we know how the system works.
Search for Evidence to Help Your Case
As part of your efforts to recover compensation after your car crash, you will need to prove that:
- The other party owed you a duty of care
- The other party breached that duty by acting negligently
- The other party’s negligence caused you to suffer an injury
- Your injury is not pre-existing and is as severe as you claim
To prove these points, you will need to present the court with plenty of relevant evidence, like:
- Traffic camera footage
- Witness testimony
- Medical records
- A police accident report
Our attorneys know who to speak with to locate these evidentiary materials. When you hire us, we will assist you with your search.
Negotiate a Settlement Deal on Your Behalf
As your car crash lawsuit progresses, it is quite likely that the other party’s insurance company will get in touch to propose a settlement deal. If you are interested in considering such an offer, our attorneys will be more than happy to help you negotiate the terms.
We have been hammering out deals with Oklahoma auto insurance companies for years. As such, we understand the best tactics to use to convince them to improve their offers. With our team on your side, you can feel confident that your interests will be well-represented at the negotiating table.
Represent You in Civil Court
If the other party’s insurer is unwilling to sit down and hammer out a fair settlement agreement, you will likely have to take your pursuit of compensation to court – where your suit will be adjudicated upon by an experienced judge.
When you hire the McGuire Law Firm, we will be happy to stand up and represent you at trial. We have been representing clients in courtrooms throughout Oklahoma for many years – and are ready to use our experience to ensure that your hearing runs smoothly.
Would you like to have a knowledgeable attorney from the McGuire Law Firm help you with your personal injury case? Then please give us a call and schedule a free consultation at our office in Oklahoma City. We would love to meet with you to learn more about your case.
Can You Recover Compensation for Your Pre-Existing Condition After an Oklahoma Car Accident?
At the McGuire Law Firm, we pride ourselves on being well-versed in all aspects of Oklahoma personal injury law. So, if you have any more questions about your eligibility for damages for a pre-existing illness or injury, all you have to do is give us a call. Our lawyers will be more than happy to provide you with the answers you require.