You were involved in an accident that resulted in injuries, but the insurance company is refusing to pay out your claim because you already had a pre-existing condition. What choices do you have before you? Discuss all your personal injury FAQ without hesitance with a certified lawyer.
Continue reading to find out whether or not you can still collect compensation in the state of New Jersey, even if you have a pre-existing condition, as well as how an experienced personal injury attorney can assist you in this process.
Conditions That Were Already Present According to the law of New Jersey
In the state of New Jersey, individuals who are wounded in a motor vehicle accident can still obtain compensation for their injuries, even if they were already suffering from a pre-existing ailment prior to the accident. In order to accomplish this goal, you will need to provide evidence that the pre-existing ailment you had was treatable prior to the accident but that it has gotten much worse as a direct result of the event.
For instance, if you already had an issue with your back, this would be considered a pre-existing ailment. Let’s say that prior to the accident, you experienced sporadic bouts of back discomfort here and there. However, after the accident, your discomfort became significantly worse, to the point where you needed surgical intervention to get any relief from it. You would be able to file a claim for damages under the law of the state of New Jersey in a situation like this one.
Your claim cannot be denied by a defendant or that defendant’s insurance company on the grounds that you had a pre-existing ailment. This legal principle is known as the Eggshell Doctrine.
After you’ve been in an accident, here are some helpful tips for dealing with the insurance company.
What Specific Types Of Evidence Am I Required To Present?
You will need to provide a copy of your medical records that detail the status of your condition both before and after the accident in order to demonstrate that the accident made your pre-existing condition worse. These records should compare the state of your condition both before and after the accident.
In addition to providing your medical documents, you will need to retain the services of a lawyer who possesses the knowledge and expertise necessary to take on these large insurance corporations and secure the payment that is rightfully yours.
