I had pre-existing conditions before my commercial vehicle crash. Can I still file a truck accident case?

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Few of us can claim to have perfect health. Millions of people are born with various health conditions that they manage for their entire lives, and millions more suffer from illnesses and issues as they get older, from age-related conditions like heart disease and diabetes to wear and tear like herniated discs or bad knees. Others deal with lingering problems from past physical trauma, such as broken bones and traumatic brain injuries. 

So if you were injured in a collision with a big rig, semi, tanker, or another large commercial vehicle due to someone else’s negligence, can you still seek truck accident compensation with preexisting injuries? The short answer is absolutely yes. If you can prove that another party is liable for the accident and that your health was harmed as a result, you’re entitled to economic and non-economic damages for your losses, which could include medical bills, lost wages, and pain and suffering. Whether your old injury was made worse by the crash or whether you experienced a new medical issue in addition to your other conditions, you may have a valid claim. WA Truck Accident Compensation With Existing Injuries

At Max Meyers, our legal team is dedicated to fully understanding the consequences of your truck accident as well as the damages you are owed in your case.

While pre-existing injuries can complicate your claim, they certainly don’t invalidate it. 

Existing Conditions That May Become Worse After a Truck Accident 

Really, for the majority of Americans, imperfect health is simply part of living. So it makes sense that many people injured in car accidents are already managing certain aspects of their health at the time of their crash. So for some people, new injuries make their existing conditions worse. 

For example, a person with spinal cord problems might discover their back now requires surgery following a crash with a commercial truck. Someone else who sustained several concussions in college may find out that the consequences of striking their head during an accident are much more severe due to their injury history. 

There are a number of preexisting medical conditions that could be exacerbated by the impact of a truck accident—and some of them might surprise you. They may include, but aren’t limited to: 

  • Herniated discs 
  • Spinal cord conditions 
  • Degenerative disc disease 
  • Neck injuries 
  • Concussions
  • Traumatic brain injuries 
  • Old bone breaks and fractures 
  • Cardiovascular disease
  • Arthritis
  • Diabetes
  • Fibromyalgia

It’s imperative that you disclose your full medical history to the doctors and other health care professionals caring for you in the wake of a truck accident so they can better understand your case and treat your injuries thoroughly. It’s also absolutely vital to see a doctor as soon as possible after the truck accident in order to establish a clear record of your health and how your injuries were affected. If you notice any changes in your existing conditions, be sure to tell your doctor. 

How the Max Meyers Law Team Secures Truck Accident Compensation With Pre-Existing Conditions 

If you were suffering from an existing condition before your accident but the incident either made your injury worse or added a new medical concern, it’s all the more important to discuss your car accident case with an experienced attorney with a history of success handling these cases. 

When our team at Max Meyers Law approaches these cases, we take specific, deliberate steps toward proving that you’re owed compensation even though you had an existing condition at the time of the accident. We also ensure you avoid costly mistakes. Here’s our process: 

  • Establish your preexisting condition through past medical records. 
  • Determine what contributed to the worsening of your condition or injury. 
  • Prove who’s liable in your truck accident case, and whether multiple parties were at fault (such as both the driver and the trucking company). 
  • Consult medical experts who can speak to your individual situation, support your injury claim, and help determine your possible future medical needs. 
  • Prevent the insurance company from claiming that your all truck accident injuries were preexisting. 
  • Take your case to court if necessary. 

Insurance companies will do everything in their power to reject your claim. In the cases where the car accident victim might have preexisting medical issues, they may argue that your new injuries were preexisting, too—and therefore the truck company owes nothing. But if your condition was made worse by the accident, you and your attorney will have to fight hard to prove it.

Max Meyers
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Max is a Kirkland personal injury attorney handling cases in Seattle, King County & surrounding in WA State.