If you are dealing with a personal injury in Indiana, you might feel overwhelmed and uncertain about what to do next. At Wyant Law, we understand how confusing and stressful this situation can be. Whether you are recovering from an accident or facing challenges due to someone else’s negligence, our compassionate team is here to help you make sense of your case and guide you through the legal process. We are committed to supporting you as you work toward achieving the best possible outcome for your claim.
Understanding Personal Injury Cases and Pre-existing Conditions
When you file a personal injury claim in Indiana, one key issue that may arise is how pre-existing medical conditions impact your case. A pre-existing condition is any health problem you had before the injury occurred. Common examples include chronic pain, arthritis, back injuries, or other ongoing medical issues. These conditions can complicate personal injury claims because insurance companies often attempt to use them to reduce or deny compensation.
It is important to know that having a pre-existing condition does not mean you cannot pursue a claim. Indiana law protects injured individuals by allowing them to seek compensation for the aggravation or worsening of pre-existing conditions caused by an accident. This means you can recover damages for any new harm or increased suffering caused by the negligence of another person. However, navigating the complexities of these claims often requires a strong understanding of both legal and medical issues.
How Insurance Companies Handle Pre-existing Conditions
Insurance companies are businesses that aim to minimize payouts whenever possible. When you file a personal injury claim, they may try to argue that your injuries are not related to the accident but instead stem from your pre-existing condition. This tactic is commonly used to diminish your claim or deny it altogether.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
For example, if you have a history of back pain and were involved in a car accident that worsened your condition, the insurance company might claim that your current symptoms are solely due to your prior issues. This is why it is critical to have thorough medical documentation and legal representation that can demonstrate how the accident specifically aggravated your condition.
Insurance companies may also use independent medical examinations or question your healthcare providers to challenge your claim. This can be intimidating, but with the right legal strategy, you can counter these tactics and protect your rights to fair compensation.
Proving Aggravation of a Pre-existing Condition
To successfully recover damages in an Indiana personal injury case involving a pre-existing condition, you must prove that the accident worsened your prior condition. This requires evidence showing that you more likely than not suffered a worsening of your medical condition, often supported by medical records, testimony from healthcare professionals, and analysis of your injuries.
Your medical history will play a significant role in this process. It is crucial to be honest about your pre-existing condition and provide complete documentation of your treatment before and after the accident. This can help establish a baseline for your health and show how the accident caused new harm or exacerbated your symptoms.
Indiana courts follow the “eggshell plaintiff” rule, which means that defendants must take plaintiffs as they find them. If you had a vulnerable or weakened physical state before the accident, the at-fault party is still responsible for the harm they caused, even if you were more susceptible to injury than the average person. This legal principle is an important safeguard for individuals with pre-existing conditions.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
The Role of Medical Records and Testimony
Medical records are often the foundation of personal injury claims involving pre-existing conditions. These documents provide an objective account of your health before and after the accident, helping to establish the connection between the incident and your current injuries. Consistent and detailed records can make a significant difference in the outcome of your case.
In addition to medical records, testimony from your healthcare providers can strengthen your claim. Doctors and other medical professionals can explain how the accident caused new injuries or aggravated your condition, helping to counter arguments from the insurance company. Their insights can provide clarity and support your request for compensation.
It is also common to use witnesses to provide additional analysis of your injuries. These professionals can evaluate the extent of the aggravation, the impact on your daily life, and the potential long-term effects. Their testimony can be critical in helping the court or insurance adjuster understand the full scope of your damages.
Related Videos
How Long Does it Take to Settle a Personal Injury Case?
How should I choose a personal injury attorney for my claim?
Challenges Faced by Plaintiffs with Pre-existing Conditions
One of the biggest challenges in personal injury cases involving pre-existing conditions is overcoming the stigma associated with prior health issues. Insurance companies may attempt to paint plaintiffs as dishonest or exaggerating their injuries to obtain compensation. This can be frustrating and emotionally draining, but it is important to remain focused on the facts and work with a legal team that can effectively advocate for your rights.
Another challenge is the complexity of proving causation. Establishing that the accident caused a measurable worsening of your condition requires thorough documentation and persuasive legal arguments. Without this evidence, it can be difficult to secure the compensation you deserve.
At Wyant Law, we understand these challenges and are dedicated to helping our clients overcome them. Our team has extensive experience handling cases involving pre-existing conditions, and we know how to build strong claims that stand up to scrutiny.
Why Legal Representation is Critical for Your Case
Personal injury cases involving pre-existing conditions require a nuanced understanding of the law and careful attention to detail. Without legal representation, you may struggle to navigate the claims process and effectively counter the tactics used by insurance companies to reduce your compensation.
An experienced personal injury attorney can handle all aspects of your case, from gathering evidence and negotiating with insurers to representing you in court if necessary. They can also provide guidance and support, helping you understand your rights and options every step of the way. With the right legal team by your side, you can focus on your recovery while they work to secure the compensation you need to move forward.
Moving Forward with Confidence
If you or a loved one has been injured in an accident and have a pre-existing condition, it is essential to take action as soon as possible. Indiana law places strict deadlines on personal injury claims, and delaying could jeopardize your ability to recover damages. By working with an attorney, you can ensure your case is handled promptly and effectively.
At Wyant Law, we are committed to helping injured individuals navigate the legal system and achieve successful outcomes for their cases. We know how challenging it can be to deal with the aftermath of an accident, especially when pre-existing conditions complicate your claim. That is why we are here to provide compassionate support and skilled representation for every client we serve.
If you are ready to take the first step toward resolving your personal injury case, contact Wyant Law today. Our team is here to listen to your story, answer your questions, and help you pursue the justice and compensation you deserve. Let us put our experience to work for you and help you move forward with confidence.