Will a pre-existing condition hurt my personal injury claim in Nebraska?

Omaha, NE – Many accident victims in Nebraska wonder how a pre-existing medical condition may impact their personal injury claim. This is a valid question and if you’re preparing a claim you should consider it, if you haven’t so far. The most sensitive issue is how will the insurance adjuster view your situation. If you assume they’ll be impressed by the fact that you were injured when you already had your own health worries, think again. The most likely scenario is that they will use it as a pretext to minimize the value of your personal injury claim or deny it altogether. You should not let this discourage you. Under Nebraska law, you are entitled to be compensated for your injuries, no matter what pre-existing condition you had before the accident. All you need is a knowledgeable Omaha personal injury lawyer to negotiate with the insurance company on your behalf. 

What are pre-existing medical conditions?

The term pre-existing condition refers to any health issues you had before the accident. Many people have medical conditions that do not keep them from having an active life. A pre-existing medical condition can be anything from chronic back or high blood pressure to diabetes, arthritis, or even cancer. 

The term also includes mental conditions such as anxiety or depression.

How can a pre-existing medical condition affect my personal injury claim?

That depends on the type of health issue you had before the accident and the nature of your injuries.

Let’s take a common situation. Maybe you suffered from chronic back pain before the accident and you were taking medications to keep it manageable. If you’re in a car accident and you hurt your back, your Nebraska personal injury lawyers will have a tough time convincing the insurance adjuster that the injury aggravated your condition.

As a rule, do not disclose a pre-existing medical condition to the insurance company representative before getting advice from a lawyer. 

When you file a personal injury claim, you can seek economic and non-economic damages. Economic damages refer to medical expenses and the insurance adjuster won’t dispute the cost of the visit to the ER and the tests you are subjected to. They may however dispute the cost of future back pain treatment, claiming you were already seeing a doctor for that before the accident. The same applies to your pain and suffering damages. They’ll argue you already had back pain so you cannot now claim damages for that.

How can a personal injury lawyer help?

Your Omaha personal injury lawyers will put you in touch with an independent medical examiner, for an expert opinion. If need be, such an expert can appear in court to testify on how the injury you sustained made your condition worse.

If the insurance adjuster tells you that you must submit to an “independent medical examination” to decide whether the injury you sustained aggravated your pre-existing condition, get your lawyer on the phone right away. You cannot trust such an examination as it is anything but independent. The insurer will refer you to a doctor they work with, a doctor they pay for their services so it’s easy to guess whose side they’re going to be on. 

If you were recently injured in an accident caused by someone else’s negligence, schedule a free consultation with a knowledgeable attorney at the Rensch & Rensch Law firm, with offices in Omaha and Columbus, NE. Their attorneys work on a contingency fee basis, so you don’t owe them anything unless they win your case.

Contact info: 

Rensch & Rensch Law

Toll-free: 800-471-4100 

Omaha office:

7602 Pacific St #102, Omaha, NE 68114

Columbus office:

1470 25th Ave, Columbus, NE 68601