Most people are not sure what to do if they meet with an accident that aggravates an existing medical condition. Are you entitled to pursue a personal claim for compensation? What exactly will you get compensated for? How can you prove that your existing medical condition took a turn for the worse after the accident?
To set the record straight, it may be possible to file a compensation claim if a pre-existing injury, illness or medical condition is made worse after an accident, provided that the accident was due to somebody else’s mistake or negligence and not due to any fault of your own.
You should know however, that proving this can be quite complicated. You should seek solid legal and medical advice as early as possible in order to win this type of claim.
Understanding Your Right To Claim Compensation
Anyone who is injured in an accident that was caused due to no fault of theirs may be entitled to seek compensation for their pain and suffering as well as any monetary losses they incurred as a result of the injury. If you have a pre-existing health condition, whether it is a past injury that has not healed or an ongoing health problem, any further accident can have a big impact on your day to day life. It could limit your ability to perform your everyday chores and even your ability to work and earn an income that will enable you to support yourself and your family. The law makes provisions for this by holding the third party liable for worsening your situation.
As with all other personal injury claims, the key to winning a claim that relates to a pre-existing injury lies in being able to demonstrate that the accident was no fault of yours and that a third party was liable for the accident.
Seeking Medical Attention Is Most Important
Seeking medical attention immediately after any accident, regardless of whether or not you have any previous injuries, is crucial for two reasons.
Firstly, not all injuries are immediately visible. Many times, minor visible injuries hide more severe internal injuries. A doctor will conduct a thorough diagnosis to investigate the extent and severity of your injuries and prescribe the appropriate treatment.
Secondly, if you decide to pursue a claim for compensation, the results of your medical examination can prove to be invaluable evidence to support your claim.
When you already have an existing medical condition, seeking medical attention can be even more important after an accident as the diagnosis and records can help establish that the accident was responsible for the deterioration of your condition. For example, if you have an existing heart condition and you suffer a heart attack after getting involved in a car accident that was the other driver’s fault, the errant driver may be held liable for your injuries and also for the heart attack. This is relevant whether you knew about your heart condition or whether you were unaware of it prior to the accident.
However, this is not something you can prove by yourself. You need a doctor to provide a formal statement giving details about your prior medical condition and how the accident worsened it.
It may also be possible to get compensation if an accident accelerates the onset of a medical condition or an illness. In this case too, it is crucial to seek medical advice as early as possible.
Getting Professional Legal Help Is Just As Crucial
Winning any personal injury compensation requires you to be well-versed in this area of the law. Not only do you have to understand exactly what your rights are but you also have to know what evidence needs to be submitted and how to put it all together to create a compelling case that will help you get the recompense that is due to you. A small mistake or filing the case after the stipulated deadline could invalidate your case.
Hiring an experienced personal injury solicitor can give you several advantages. An experienced solicitor who has handled several similar personal injury claims would know exactly how to draft your claim and what evidence you need to provide to support the claim.
Personal injury solicitors also have access to legal experts and legal libraries that they can leverage to learn more about similar precedents that they can use to strengthen your claim. In addition, they will have access to medical experts who will provide a medical statement backing up your doctor’s report.
All of these will help to build a strong case that will increase your chances of winning. Unless you have had a similar experience, you may find yourself at a disadvantage when trying to claim compensation for an accident that worsened your existing medical condition.
The Benefit Of Hiring A Personal Injury Solicitor
The only reason many people hesitate to hire a personal injury solicitor is because they think they will not be able to afford the legal fees. The good news is you don’t have to worry about this aspect. In order to make it easier for all individuals to get the justice they deserve, irrespective of their financial status, most personal injury solicitors including ours operate on a No Win No Fee basis.
This is an agreement that simply states that the solicitor will represent you and will help you get the compensation you deserve without charging you any fees at the outset. We will do all the legwork for you, file the case in court and argue on your behalf without asking for any legal fees. You only pay if the court rules in your favour and awards you compensation for your injuries so you are never out of pocket at any time. Both you and the solicitor assigned to your claim will have to agree on this amount at the time of signing the No Win No Fee agreement.
Having a solicitor to represent you on a No Win No Fee basis gives you the benefit of the solicitor’s expertise and experience and increases your chance of winning the claim without any unnecessary risk to yourself or your finances.