How Do Pre-existing Conditions Impact My Motorcycle Accident Claim?

Motorcycle accidents can lead to severe physical injuries, and claiming compensation can become even more complex if you have a pre-existing condition. It’s common for insurers to scrutinize the injuries you claim, especially when there’s a pre-existing condition involved. Let’s delve into how these conditions can impact your claim.

Defining Pre-existing Conditions

A pre-existing condition is any health issue you had before the accident. These can include:

• Physical ailments include back injuries, joint issues, or recurring migraines.
• Chronic conditions: Like heart disease, diabetes, or respiratory conditions.
• Mental health conditions: Including depression, anxiety, or PTSD.

Pre-existing Conditions and Your Claim: The Basics

Here’s how pre-existing conditions generally affect motorcycle accident claims:

• Insurance company arguments: Insurance companies may argue that your injuries were not due to the accident but a result of your pre-existing condition. This is a common strategy to reduce the payout.
• The ‘Eggshell Skull’ principle: This legal principle implies that a defendant must take a plaintiff ‘as they find them.’ This means that even if your pre-existing condition made you more susceptible to injury, you are still entitled to compensation for the entire extent of your injury.
• Aggravation of Pre-existing conditions: If the accident aggravated a pre-existing condition, you are entitled to compensation for the worsening of your condition.

Making a Claim: What You Need to Know

When dealing with pre-existing conditions in your claim, consider these factors:

• Medical documentation: You must present clear medical records showing the state of your health before and after the accident. This will prove that the accident aggravated your condition or caused new injuries.
• Honesty: Be upfront with both your doctor and your about your pre-existing conditions! Withholding this information can severely harm your case.
• Legal representation: Given the complexity of such cases, having an experienced attorney can significantly benefit your claim.

Take the Next Step

While the legal process may be daunting, remember that the aim is to ensure you receive the full and fair compensation you deserve. To navigate these complexities, contact The Ruth Law Team at (888) 783-8378. Our experienced attorneys are here to support and guide you. You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers to each question may vary depending on the specific facts of your case, and it is always beneficial to consult with an attorney to get more accurate information. Also, this is general information and not legal advice.