This post discusses pre-existing conditions in NC Personal Injury cases. If you have been injured due to the negligence of another and have a pre-existing condition, read on for how this will affect your NC Personal Injury claim.
Many at-fault party’s insurance companies will deny claims based on pre-existing conditions, even those that have nothing to do with your current injury. As is well known, at-fault insurance companies make every effort to minimize or deny a case and will spend much of their time reviewing your medical records to identify if you have a history of pre-existing conditions.
Contrary to what an insurance adjuster’s denial may say, simply having a pre-existing condition does not stop you from recovering on your NC Personal Injury claim.
For example, say you have been diagnosed with degenerative disc disease of the lumbar spine, as one-third of people aged 40-59 have, and are subsequently involved in a car accident in which you fracture three lumbar vertebrae. You would likely be able to be compensated for your damages related to the fracture of your lumbar vertebrae, even if the extent of your injury is more severe than someone without degenerative disc disease.
In contrast, say you have broken your left arm, and subsequently slip and fall in a grocery store during which you break your right arm. You would be able to recover your damages related to the fracture of your right arm but will not be able to recover any compensation for any medical treatment related to your left arm.
Only a doctor’s opinion regarding what caused your injury will be accepted as evidence that your injury occurred as a result of the accident. If your doctor cannot determine that the accident did, in fact, cause your injury, it is unlikely you will be able to prove your case.
The Bishop Law Firm can help with your Pre-Existing Conditions In NC Personal Injury Cases. We represent injured clients in Raleigh, Cary, Durham, Fayetteville, Smithfield, Chapel Hill, Roanoke Rapids, Rocky Mount and other areas in North Carolina. Call us today for a free case evaluation, (919) 615-3095.