Pre-existing Conditions

Watch this video to learn how pre-existing conditions could impact your personal injury case. Contact our office to consult with our experienced lawyers today.

Question:

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

Answer:

Recently, someone called my office from South Carolina and said, “I’ve been talking to an insurance adjuster and the insurance adjuster keeps talking about preexisting conditions. Yet, before I was hurt, my preexisting conditions weren’t bothering me at all. In fact, I didn’t even know I had some.”

What happens when you have a preexisting condition is a corporation or an insurance tries to use it as an excuse. They try to use it as an excuse to convince you that your case isn’t worth anything and that the misconduct is irrelevant to the case. We know this isn’t true, but we also know that when we have preexisting conditions and the insurance company or the corporation is holding firm because of preexisting conditions, what they’re really doing is trying to test your resolve to go forward with your case. If you have a preexisting condition and you know that you can’t accept the type of settlement that is being offered, that means we have work to do.Pre-existing Conditions

When someone has a preexisting condition that was aggravated because of the recklessness of somebody else, we have to work with the doctors that are treating you to get them to assist us in preparing your case for trial and preparing notations in the medical records that demonstrate that, even though there was a preexisting condition, that doesn’t mean the person that hurt you should just get a pass, nor does it mean that you weren’t functioning pretty well or fine before all this happened.

The other way that we can deal with preexisting conditions is, when we’re selecting a jury, we can ask everybody, “Who here has a preexisting condition? Would you please raise your hand.” Guess what, we know that there’s a good chance that at least half the people on the jury are going to have a preexisting condition. None of those people on the jury are going to believe that someone that is reckless and careless, or a corporation that’s reckless and careless, or a doctor that’s reckless and careless should be able to get a pass for their behavior or their misconduct simply because the person they happen to hurt has a preexisting condition. What this does mean is that you’re going to need an attorney that’s willing to prepare your case to go to trial. You’re going to need to prepare for the worst so that you can hope for the best. The way that you do that is you hire an attorney that’s experienced in preparing a case for trial. You can’t ask people in the jury box to raise their hands if they have a preexisting condition if you can’t get your case to trial.

When you have a preexisting condition, it means there’s going to be more work involved. If you are willing to put that work in, because you don’t really relish the thought of settling your case for well below what you deserve, then call my firm and let’s get to work. We’re here to help. When you have a preexisting condition, we’re going to have to do some extra work. That doesn’t mean the bad guy should get a pass for what they’ve done. Call our office and let’s hold them accountable in South Carolina.


Were you or a loved one severely injured by a negligent person in South Carolina and have questions about pre-existing conditions? Contact experienced South Carolina personal injury lawyer H. Bright Lindler today for a free consultation and case evaluation.

Let my experience work for you.

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Out of Town Resources

These Virginia Injury Lawyers have done a great job creating educational content. If you need help with an injury claim in Virginia, we recommend you take a look at their website.