Hurt in a Phoenix, AZ car accident with pre-existing conditions? You could still be eligible for compensation for your injuries. Our Phoenix car accident attorneys know how to challenge insurance companies that seek to downplay your injuries and avoid paying your claim.
Call Curiel & Runion Personal Injury Lawyers at (602) 595-5559 or contact us online. Speak with an experienced Phoenix personal injury attorney about your case during a free initial consultation. With our contingency fee payment structure, you pay no attorney fees unless we win compensation for you.
How Curiel & Runion Personal Injury Lawyers Can Help You After a Car Accident in Phoenix
Navigating car accident cases involving pre-existing conditions demands expertise. Insurance companies often try to diminish or deny claims based on prior health conditions. Our adept personal injury attorneys have in-depth knowledge of these insurance tactics and effectively counter them.
With 55 years of combined experience, our award-winning car accident lawyers have secured over $30 million for our injured clients. We treat our clients like family and vigorously advocate for their rights just as we would for our own.
Rest assured, we won’t allow insurance companies to exploit your situation. Trust us to fight for the compensation you deserve.
Here’s what we do as part of our commitment to you:
- Thoroughly analyze your case to understand accident details
- Carefully assess your injuries and pre-existing conditions
- Gather compelling evidence like site photos and police reports
- Obtain witness statements and collaborate with experts
- Skillfully negotiate with insurance firms for a fair settlement
- If necessary, advocate fiercely for you in court
Avoid the hassle of dealing with insurers—let us handle the legal aspects while you focus on your recovery. Call our law offices in Phoenix, Arizona, today to set up your free case review.
What Are Pre-Existing Conditions?
Injuries exacerbated by car accidents can pose a challenge, especially when pre-existing conditions are involved. Pre-existing conditions encompass any health issue—physical or mental—that existed before the accident. An estimated 130 million Americans have such conditions as per the Department of Health and Human Services.
It’s crucial to disclose pre-existing conditions. Failure to do so might result in reduced compensation, claim dismissal, or even legal repercussions.
Insurance companies often attempt to leverage pre-existing conditions in two ways:
- They may argue that your accident-related injuries are actually a result of pre-existing conditions, aiming to undermine your claim’s validity. For instance, they might attribute respiratory issues post-accident to pre-existing asthma.
- Alternatively, they might contend that your accident-related injuries wouldn’t have occurred if not for your pre-existing condition. For instance, they might deny a claim for a re-injured bone that hadn’t fully healed from a prior fracture.
Many accident victims have pre-existing conditions, and insurers shouldn’t deny claims solely based on this fact. While compensation for pre-existing conditions themselves might not be possible, you can potentially argue that the accident worsened these conditions.
Examples of pre-existing conditions in car accident cases include degenerative disc disease, prior concussions, arthritis, osteoporosis, herniated discs, spinal stenosis, osteoarthritis, nerve disorders, damaged internal organs, fibromyalgia, and eye injuries.
Insurance companies often challenge claims by questioning the injury origin. Having an experienced car accident lawyer by your side is crucial. We’ll vigorously work to prove that your injuries stem from the accident, independent of pre-existing conditions, or that the accident exacerbated these conditions.
The Arizona “Egg Shell Rule”
The “Eggshell Rule,” widely recognized in many states, including Arizona, signifies that injured individuals are taken as they are, regardless of any pre-existing conditions. Simply put, if a victim has a pre-existing condition that exacerbates injuries from an accident, the responsible party can still be held accountable under the principle of “you take victims as you find them.”
In car accident cases, the eggshell rule pertains to pre-existing conditions aggravated by the accident. You deserve compensation for damages incurred due to treatments or procedures necessitated by the accident’s impact on your pre-existing conditions. This includes additional medical care resulting from exacerbation or worsening of prior health issues due to the accident.
Can I Claim Damages for Pre-Existing Conditions After a Car Crash?
In situations involving pre-existing conditions, you’re not eligible to claim damages directly for the condition itself since it wasn’t caused by the accident. However, you can seek compensation if the accident exacerbates or worsens your existing condition.
Our legal team is committed to pursuing all avenues for compensation, covering both economic and non-economic damages.
Economic damages cover financial losses linked to the accident, such as:
- Past and anticipated future medical expenses
- Lost wages
- Costs for vehicle repair or replacement
- Physical therapy expenses
- Loss of earning capacity
- Expenses for medical devices or home modifications
Non-economic damages are more abstract and don’t lend themselves easily to a monetary value. These damages could include:
- Pain and suffering
- Scarring
- Limb loss
- Mental anguish
- Emotional distress
- Disfigurement
- Loss of consortium
Our personal injury team is dedicated to thoroughly exploring all potential sources of money, ensuring you receive the rightful compensation for the impact the accident has had on your pre-existing condition and overall well-being.
Contact an Auto Accident Lawyer in Phoenix To Determine if You Can Be Compensated for Pre-Existing Conditions an Accident
Being injured in a motor vehicle accident while dealing with a pre-existing condition can significantly impact your case outcome. Having the right legal representation matters. Our Phoenix car accident attorneys at Curiel & Runion Personal Injury Lawyers are dedicated to advocating for your rights in such challenging situations.
Feel free to reach out to our compassionate legal team for a free consultation. Starting your case as soon as possible is crucial in receiving the financial and emotional support essential for a complete recovery. Don’t hesitate to call us today to begin the process.