Truck Collisions and Pre-Existing Conditions
If you’ve been hurt in a truck collision, you’re entitled to compensation, even when your injuries aggravate a pre-existing condition. While you can’t be paid for a medical condition that predates your accident, you can collect damages for your medical bills, lost income, and other collision-related expenses.
Protecting Your Right to Compensation
Like many people, you may have aches and pains resulting from old injuries or previous medical conditions. After a truck collision, the trucking company’s insurance carrier may attempt to use your pre-existing condition as an excuse to deny your claim. It will argue that it has no liability for your injuries, since your ailments predated the truck crash.
Common mistakes you must avoid in order to preserve your claim include:
- Failing to disclose pre-existing conditions. Your credibility may suffer if you don’t mention your previous injuries. It's critically important for your attorney to know the full extent of your pre-existing conditions, even if these ailments seem unrelated to the crash.
- Signing medical authorization without an attorney. The trucking company’s insurance carrier representatives will likely ask you to sign a medical authorization that gives them complete access to your medical history. This could provide the insurance company with information that may be used against you. While it might be necessary for you to sign a medical authorization, your attorney can protect your privacy by ensuring that only case-relevant information is released to the insurer.
- Failing to maintain detailed medical records. Your medical history is a critical component of your truck accident claim. Your attorney can compare your medical records from before and after the collision to demonstrate how your condition has worsened due to the crash. To protect your rights, it’s imperative that you maintain detailed records of your injuries.
If you’ve been injured in a truck collision, you need representation by an experienced attorney to help you receive the compensation you deserve. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.
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