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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Pre-Existing Medical Conditions

    My question involves an injury that occurred in the state of: Tx

    If I had a pre-existing lower back problem and was receiving treatment, but a car accident forced me to have surgery what is the law's take on this

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Pre-Existing Medical Conditions

    On what? Insurance? Lawsuits? Medical care?

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Pre-Existing Medical Conditions

    I would start by getting copies of all your medical records, as long back as it goes.

    I'm sure that would prove the accident worsened a pre-existing injury.

    Beyond that....I have no idea what the legalities would entail.

  4. #4
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Pre-Existing Medical Conditions

    It looks to me like your concern is, will the pre-existing condition affect the size of the settlement I can get? The short answer is yes.

    This is a civil matter, so there is not a black and white law that says here's how we do the calculation. Your position will be that the pre-existing condition was minimal and the car accident was the major reason for all subsequent treatment, pain and suffering. The opposition (I'm assuming an insurance company - meaning someone with a lot of experience in this) will take the position that the accident was incidental, but that all of the treatment you required would have been needed even if the accident never took place.

    The net result to you will be that you will receive less than you would have, had the pre-existing condition not existed. You need a good personal injury attorney to ensure that your side of the case is properly presented.

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