When dealing with personal injury (PI) claims, insurance adjusters often rely on certain strategies to minimize the payout to claimants. One of the most common defenses they use is the argument of pre-existing conditions.
In Everett, a city that sees a diverse range of residents and industries, including a thriving shipbuilding sector, this defense can become especially challenging for victims seeking compensation. Those who have sustained injuries in accidents might find themselves facing the hurdle of proving that their current condition was not exacerbated by a pre-existing medical issue.
An experienced injury lawyer in Everett can be crucial in these cases, as they have the expertise to counter the pre-existing conditions defense. Read on to learn more about this common tactic used by insurance adjusters and how a skilled attorney can help you navigate through it.
What is a Pre-Existing Condition?
A pre-existing condition refers to a medical issue or injury that existed prior to the current accident or incident. This condition could have been diagnosed, treated, or even unknown before the accident occurred.
For example, let’s say you were in a car accident and sustained a back injury. However, you had previously injured your back while playing sports in high school. The insurance company may try to use your previous injury as evidence that your current back pain is not entirely due to the car accident.
Insurance adjusters often argue that if you had a pre-existing condition, then you were already in pain before the accident. This means that the accident cannot be solely responsible for your injuries and medical expenses.
How Do Insurance Adjusters Use Pre-Existing Conditions Against You?
Insurance adjusters may try to use pre-existing conditions as a defense in several ways:
Claim Denial
The insurance company may outright deny your claim based on the assumption that your pre-existing condition is to blame for your current injuries. They may argue that the accident had little to no impact on your overall health and well-being.
Reduced Payouts
If the insurance adjuster cannot deny your claim, they may use a pre-existing condition as a reason to offer you a lower payout. They might argue that since you already had a previous injury or medical issue, the accidents only exacerbated it slightly and therefore do not warrant significant compensation.
Delay Tactics
Insurance companies may also use pre-existing conditions as an excuse to delay payouts or drag out negotiations. This strategy can be frustrating, especially if you are facing mounting medical bills and other expenses related to the accident.
Fighting Against the Pre-Existing Conditions Defense
Proving that your current condition is not solely due to a pre-existing issue can be a challenging task. However, with the help of a skilled injury lawyer, you can build a strong case against the insurance company’s defense.
Your attorney may use various strategies such as:
- Gathering Medical Evidence: Your attorney will work with medical experts to gather evidence that shows how the current accident exacerbated your pre-existing condition or caused new injuries altogether.
- Depositions: Depositions allow your attorney to question witnesses and parties involved in the case under oath. This process can help uncover important information and weaken the insurance company’s defense.
- Presenting Expert Testimony: Your attorney may call upon medical experts to testify on your behalf, providing professional opinions and evidence that refute the pre-existing conditions defense.
- Negotiating with Insurance Adjusters: A skilled attorney will be able to negotiate with insurance adjusters and fight for a fair settlement that takes into account both your current injuries and pre-existing conditions.
Conclusion
Dealing with personal injury claims can be overwhelming, especially when faced with common tactics used by insurance companies. However, having an experienced injury lawyer can make all the difference in successfully countering these defenses.
If you have been injured in an accident and are facing the hurdle of pre-existing conditions, do not hesitate to seek legal representation.
