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Can I File a Car Accident Claim With a Pre-existing Condition in Utah?

Unexpected, serious accidents may occur that worsens or aggravates a victim’s pre-existing condition. This has the potential of greatly impacting your personal injury claim, sometimes for the better. The outcome depends on how much you can prove regarding the accident affecting your pre-existing condition and certainly doesn’t disqualify you from filing a car accident claim.

The legal team at Feller & Wendt provides client-oriented, personalized personal injury representation with a 95% success rate and a dedicated pursuit of justice for clients affected by personal injuries as a result of negligence. We are skilled negotiators and can fight for the compensation you deserve, even if you had pre-existing conditions before your devastating accident. Our knowledgeable lawyers offer a free legal consultation and can evaluate your claim before pursuing accountability.

How a Pre-existing Condition May Help a Claim in Utah

With a pre-existing condition, you may recover a larger sum of compensation because your condition has been greatly exacerbated by the car accident you have experienced. Treatment may be more complicated, take a longer duration to heal, and severely diminish your quality of life.

The Eggshell Skull Doctrine states, under the law, that a defendant must take a plaintiff as he is. Because of this, a pre-existing condition should not affect you recovering the necessary compensation you deserve. For instance, if you get in a collision with a victim with weak bones, you are unable to reduce your liability in the accident by claiming a person with stronger bones would have avoided serious injury.  It is not the duty of the victim to possess stronger bones or avoid wrongful injury due to a negligent accident caused by someone else.

These types of accidents occur frequently; 50 to 129 million non-elderly Americans suffer from some type of pre-existing condition. Someone who has experienced tremendous back problems all of their life is likely to be more hurt in an accident than a healthy young adult with a healthy back. If they receive medical treatment following their accident, a physician may state that despite the pre-existing condition, all of the damage experienced in the accident is directly associated with the accident. This will allow them to recover medical expenses even if the treatment is more costly than treating someone with no previous conditions.

How a Pre-existing Condition May Harm a Claim in Utah

Suffering from a pre-existing condition before your severe car accident may also harm your car accident claim, render it worthless, or raise suspicions about your treatment plan. Essentially, an insurance adjuster will find any excuse to try to minimize or void your claim by not accepting all of your treatments as reasonable, which can hurt your claim. It can be extremely complex to work with insurance adjusters if you have a pre-existing injury. The most effective actions to take in these types of cases are the following:

  • Obtain medical care through a new medical provider
  • Ask for documentation stating which treatment may be related to a pre-existing condition and which may be related to the accident
  • Speak to an experienced Utah car accident lawyer at Feller & Wendt in order to have the best chance at a favorable outcome in settlement negotiations with insurance adjusters

If you have been severely injured in a Utah car accident and your pre-existing condition was made worse, speak to a seasoned car accident lawyer at Feller & Wendt for an assessment of your case and to fight for the fair compensation you deserve for your losses.

Speak With an Experienced Utah Car Accident Lawyer at Feller & Wendt

If you have sustained severe injury in a Utah car accident that aggravated existing injuries and impacted your ability to live your day-to-day life, call the seasoned car accident lawyers at Feller & Wendt for compassionate and dedicated representation. We are determined to fight for the justice you are owed and protect your rights during the complex claims process.

The legal team at Feller & Wendt provides client-oriented, trusted personal injury representation with a 95% success rate and a tireless pursuit of justice for clients affected by personal injuries as a result of negligence. We are skilled negotiators and will passionately fight for the compensation you deserve, even if you had pre-existing conditions before your devastating accident. Our knowledgeable lawyers offer a free legal consultation, and you can call us at (801) 499-5060 or fill out our contact form.

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