A car crash caused you to suffer significant physical and emotional injuries, but these aren’t your only health concerns. You had medical issues before the car accident. Known as pre-existing conditions, these might include:
- Physical conditions like arthritis or injuries from previous accidents
- Mental conditions like anxiety and depression
Now the insurance company seems intent on complicating your claim or denying you fair compensation because of your pre-existing conditions.
Don’t let this happen to you.
You Have the Right to a Fair Car Accident Recovery
After a Kansas or Missouri car crash, you have the right to recover compensation for the injuries caused by someone else’s negligence. Generally, your damages may include compensation for past and future:
- Medical costs. All of your healthcare costs, including hospitalizations, surgeries, medications, doctors’ visits, physical therapy, occupational therapy, and assistive medical devices, should be part of your recovery.
- Lost income. Any wages, income from self-employment, bonuses, raises, and benefits that you could not earn because of your injuries should be part of your settlement or court verdict.
- Pain and suffering. Your physical pain and emotional distress may be difficult to value, but they may also be a significant part of your injuries. An experienced car accident lawyer knows how to value these injuries and get you a fair recovery.
- Other costs. Any additional expenses related to your crash, such as transportation costs, household help, or childcare that are necessary because of your accident injuries, may be part of your legal compensation.
Are You an Eggshell-Skull Plaintiff?
Both Kansas and Missouri allow you to recover for any injuries you sustained in the accident, including any worsening of pre-existing conditions.
Some people are more susceptible to car accident injuries than other people for a variety of reasons. The law requires defendants to take plaintiffs as they find them and to pay for all of their accident injuries even if someone else would not have suffered the same injuries. This concept is often referred to as the eggshell-skull plaintiff rule because even if the plaintiff’s skull was as thin as an eggshell, the defendant who failed to use reasonable care to avoid a crash would be responsible for his injuries.
Insurance Company Tricks
It is essential to recognize the insurance company’s motive and common tactics the insurance company will use to deny or reduce your recovery. The insurance company wants to maximize its profits by paying you as little as possible. To achieve its goal, the insurance company may:
- Request all of your medical records. The insurer wants your full medical records to look for reasons to deny your claim. Specifically, they are looking for evidence that the accident did not cause your injuries.
- Ask you to provide a recorded statement. During the recorded statement, you may be asked questions that lead you to give an answer that may be misinterpreted to hurt your claim.
- Discourage you from talking to an attorney. The insurer doesn’t want you to know your rights. Instead, most insurers want to control your claim and get you to settle quickly without legal assistance.
You Can Protect Your Car Crash Compensation
You don’t have to accept the insurance company’s assessment of what injuries were pre-existing and what injuries were caused by the car accident. Instead, we encourage you to get prompt medical attention and to talk to an experienced Kansas City car accident lawyer about how to protect your rights.
We will sort through all of the evidence in your case, craft a clear legal strategy, and aggressively work toward resolving your case quickly for the maximum possible compensation.
Your time to pursue a car accident case is limited by law in both Kansas and Missouri. Accordingly, we encourage you to call us or reach out to us via this website to learn more about your rights before a mistake is made that could hurt your car accident case.