You may be able to recover compensation through an insurance settlement or personal injury lawsuit despite pre-existing conditions, but this is not an easy task. Our attorneys may be able to show how your accident worsened a pre-existing condition or caused additional injuries and pursue compensation based on that.
Shulman & Hill represents victims hurt in New York personal injury accidents. We believe those who caused these injuries should be legally responsible, and we seek to hold them accountable. Call 212.221.1000 today to learn more.
A Legal Doctrine Protects Your Right to Fair Compensation
While insurance companies cannot blame your injuries or their severity on a pre-existing condition, they trust you do not know this. They may try to pay significantly less than you deserve, blame someone else for your injuries, or deny the claim entirely.
However, insurers should cover the costs of re-injuries, aggravated injuries, or those that might not have occurred if you did not have a pre-existing health condition. Under legal doctrine, you might be an “eggshell plaintiff.” This means you might have a pre-existing condition that caused you to suffer worse injuries than someone would without your diagnosis.
For example, imagine you have degenerative disc disease in your lumbar spine. A crash could cause a more serious, more debilitating back injury as a result. However, the at-fault party is still liable for the full severity of your injuries. There are qualifications under New York law, but our attorneys can properly apply these rules as we seek compensation on your behalf.
Work With Our Attorneys to Negotiate a Fair Insurance Settlement in Your Case
Several important things must occur in personal injury cases involving pre-existing conditions. Our attorneys know how to manage them and protect our clients’ rights throughout this process. We may need to be careful about releasing your medical records and ensure we disclose the previous diagnosis or injury in a way that aligns with your best interests.
Our team does not back down from difficult or complex cases, even when an insurance company wants to reduce or deny a claim and blame pre-existing conditions for the injuries. We understand our clients’ rights and fight to protect them.
We seek fair compensation for our clients based on the damages they suffered. This includes a range of expenses and losses, such as medical treatment costs, missed income, and pain and suffering. We also pursue compensation for estimated future damages. This does not consider the effect a pre-existing condition might have on causing or worsening their injuries.
Protect Your Rights While Disclosing Your Pre-Existing Condition
If you have a pre-existing medical condition and suffered an injury, you can expect the insurance company to highlight your medical history. Insurers generally want to pay out as little as possible to settle a claim, so they may see this as an opportunity to reduce your payout or deny your claim.
You should not hide your medical history when protecting your rights. However, we can help you disclose your diagnosis in a way that is not as damaging to your case. You do not want the insurance company to discredit your injuries or devalue your claim. This could result in a settlement offer that might not cover your accident-related treatment, income losses, or pain and suffering.
When our personal injury attorneys represent a client with a pre-existing condition, we can approach the case with the knowledge that we may have to overcome allegations from the insurer related to this condition. We may need to strategize on how to handle the disclosure, document injuries, and pursue compensation that meets your needs.
Shulman & Hill Handles Insurance Claims With Pre-Existing Conditions
Shulman & Hill has recovered more than $250 million for our clients. We manage insurance negotiations and personal injury lawsuits, pursuing financial recovery that compensates our clients for their injuries and losses.
As New York’s premier personal injury law firm, our lawyers take on even the most difficult and complex cases. Every case becomes a personal matter to us, and we fight for every client’s best interests. If you are handling an insurance claim that involves a pre-existing health condition, let us review your case with you for free today.
Discuss Your Options With Our Legal Team for Free
Shulman & Hill provides free initial case consultations. We can review your case facts and talk about how our team might approach your case. We may be able to file an insurance claim and personal injury lawsuit to seek compensation for you. Call 212.221.1000 today to get started.
https://nysba.org/NYSBA/Publications/Section%20Publications/TICL/PastIssues2000present/Winter2007/Winter2007Assets/TICLJournWin07.pdf (about NY eggshell doctrine exceptions)