The Success of Personal Injury Claims with Pre-Existing Conditions in Tampa Bay
Key Points of This Article:
- A pre-existing condition can make a personal injury claim more challenging.
- Learn some of the common circumstances that could affect the success of your claim.
- Empower yourself to take action with the help of an experienced personal injury attorney who understands how insurance companies try to fight these claims.
When you make a personal injury insurance claim, the first thing the insurance company will do is try to find a way not to pay you the compensation you’re asking for. Insurance companies are always looking for a way to reduce or eliminate their payouts.
If you have a pre-existing condition, expect the insurance company to seize on it right away. They’ll try to show that your recent accident isn’t the cause of your pain or your resulting medical bills and that it’s all due to your pre-existing condition. In this situation, a personal injury attorney can anticipate this kind of behavior from an insurance company and stay one step ahead of them.
Know the Factors That Can Influence Your Claim
Every personal injury claim is as unique as the circumstances of the injury itself. However, certain common factors can affect your chances of recovering compensation, especially if you have a pre-existing condition. Here are some things to keep in mind.
Timing matters . How quickly you pursue medical care after the injury may affect your chances of being compensated, so see a doctor as soon as possible. However, a delay in getting care doesn’t mean you’ll receive zero compensation. As long as the timeframe is reasonable, you may still win your claim.
Prove worsening and suffering . You don’t necessarily need to prove that your recent injury alone is responsible for all of your pain and medical bills, but you will need to prove that it worsened your condition and caused additional suffering.
Keep all documentation . Having proper documentation is absolutely essential in a personal injury claim, whether you have a pre-existing condition or not. Without paperwork from your doctor, hospital, rehabilitation, therapy and any other medical care you receive, the insurance company will likely deny your claim.
Why It’s Worth Taking Action on a Personal Injury Claim
After an injury, people often wonder whether it will be worthwhile to make a personal injury claim. In most cases, you have very little to lose and a lot to gain. You’re struggling with a painful and expensive injury that also may have aggravated an existing condition. Proper compensation would make things go much more smoothly.
Research shows that people who get help from personal injury attorneys are more likely to win their claims and receive compensation. The most common outcome is a settlement, with 67% of people receiving one. So your chances of ending up with a favorable settlement are quite good. About 4% of personal injury cases go to trial and 29% end with no trial or and no settlement.
In terms of total dollars, the average value of U.S. settlements and court awards for personal injury claims are between $3,000 and $75,000, depending on the circumstances. This money helps you resolve your medical bills and handle any ongoing care as you heal from your injury.
Worried about how long a personal injury case will take? Statistics show the average successful claim is resolved in about 11.4 months. Keep in mind that a shorter time span isn’t necessarily better. Most unsuccessful claims wrap up within about six to eight months, but successful claims typically take closer to 11 or 12 months to resolve.
You Could Regret Trying to Make a Claim on Your Own
Let’s take a moment to look again at the average compensation for personal injury claims: $3,000 to $75,000. That’s a wide range. The variation comes from a combination of your specific type of injury, how you negotiate with the insurance company and whether you hire a lawyer.
People who hire a personal injury attorney receive an average of $60,000 more in compensation than people who try to handle the process on their own. That’s because personal injury attorneys are well-trained in the tactics insurance companies use to try to shift the blame and avoid paying compensation.
If you live in Tampa Bay, have a pre-existing condition and are considering filing a new personal injury claim, we encourage you to seek counsel from an experienced Tampa Bay personal injury attorney. Ask about their success rate with claims involving pre-existing conditions. Selecting the right attorney could make a huge difference in making a successful claim.
When Results Matter, Call Kemp Law of Tampa Bay
Regardless of the reason for your injury, if someone else caused it, the only way you can recover from your medical bills and other losses is through a personal injury claim. The attorneys at Kemp Law handle many areas of personal injury law including personal injury claims with pre-existing conditions. We believe you should only have to work on getting well, while we worry about using the justice system to protect your rights. We give our clients with the best possible results-driven service. You pay us only if we win in injury cases. Call (727) 788-6792 today for a free consultation.
FAQs
you deserve answers
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How Do I Know Who Was At-Fault?
Fault is determined by the evidence collected during the investigation. We look to many things to determine fault in the case: we look to the police report, we look to witness statements, we look to the property damage to the vehicles, skid marks, layout of the cars, etc. Sometimes we even have to refer to accident re-constructionists to do a professional examination of the all the evidence to do a recommendation for us, but that does not happen in very many cases.
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Will I Recover Monetary Damages?
It depends on who was at fault for the accident. If you were at fault, your insurance company will pay for the damage to the vehicle. If you were not at fault, the at-fault driver’s or owner’s insurance policy will pay for the damage, and if they do not have enough coverage to cover the damage to your vehicle, your collision coverage (if purchased) would pay for the damage to your vehicle.
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What Documents Will I Need?
We like you to bring the driver’s exchange of information that the police officer gives you at the scene. We also like you bring any photographs of damage at the scene. Also bring your health insurance cards and your auto insurance cards or declarations page, so we can review the coverage available to you.
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What Should I Say To The Insurance Company?
The at-fault party’s insurance company could ask you to give them a recorded statement. You do not have to give them a recorded statement. However, if your own insurance company asks you for a recorded statement please seek advice from your attorney so that they can assist you in giving that statement. But yes you do have to comply and you do have to give your insurance company a recorded statement.
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Will I Have To Go To Court?
Actually, most cases, or a large percentage of the cases are resolved pre-suit, which means the cases never go to court. We work with the insurance companies before filing suit to try to find a fair resolution for the client, which save money on expenses, court costs and attorney’s fees.
