Proving Your Injuries Were Caused by Your Auto Collision and Not a Pre-Existing Condition

Two Cars That Have Been Involved in a Side-Impact CollisionYou are entitled to compensation for your injuries if a negligent driver caused your car accident. However, even if you have a solid case against them, their insurance company may raise disputes to try to deny your claim or pay you less damages than you deserve. One common excuse they like to use is that your injuries were not caused in your crash and are a pre-existing condition.

Common Medical Conditions the Insurance Company May Dispute

Some injuries and medical conditions caused in auto collisions are ones that people also develop for other reasons. They are more likely to be disputed by an insurance company for the at-fault motorist. They include:

  • Headaches and head pain
  • Anxiety
  • Memory loss
  • Neck stiffness and pain
  • Arthritis
  • Bursitis
  • Torn ligaments
  • Back sprains and strains
  • Minor spinal cord injuries
  • Ankle, wrist, and other sprains
  • Burns

Issues That Can Affect Whether the Insurance Company Will Question the Cause of Your Injuries

The insurance company will investigate the cause of your car accident and your injuries after you file your claim. They are not only looking to see whether they are liable to pay you damages. They are also trying to find ammunition they can use to deny your claim or minimize the amount of compensation they pay you. Knowing the issues over your injuries that could lead to disputes can help you avoid them or be prepared if the insurance adjuster raises them. Here are common ones to watch out for.

Serious injuries

If you suffered more serious injuries, the value of your claim would be higher. The insurance company will be much more likely to raise arguments about the cause and seriousness of your injuries.

Correlation Between the Auto Crash and Your Injuries

The insurance adjuster will also examine whether the injuries you claim you suffered make sense given the car crash you were involved in. For example, if you are claiming you suffered burns, but there was no fire, it is likely that the insurance company would dispute that these injuries were caused in the wreck.

Damage to Your Vehicle

If your car suffered little or no damage in the accident, you could still suffer long-term injuries, such as traumatic brain injuries, whiplash, or back or spinal injuries. However, the insurance company is much more likely to argue that the collision could not have caused your injuries in this situation. You may need to provide additional proof to establish the causal connection between your injuries and the wreck.

High-Speed Collision

If you were involved in a car accident on the highway where the vehicles were traveling at a higher speed, the insurance company would be more likely to recognize the correlation between your serious injuries and the crash. However, they would most likely question whether you really suffered serious injuries in a collision in a residential area where the vehicles would have been traveling at a much slower speed.

How to Prove Your Injuries Were Caused by Your Car Crash

You must prove that your injuries were caused by your auto wreck in order to be entitled to compensation from the negligent driver and their insurance company in New Mexico. If you want to win your case, you will need the help of an experienced car accident lawyer.

Your attorney would collect the evidence you need to prove the collision caused your injuries. Helpful evidence can include the police report, photos taken at the crash scene, witness statements, security camera footage, and expert witness reports.

Your medical history will be essential in establishing the causal connection between your injuries and your car accident. Your lawyer will obtain your medical records, diagnostic test results, doctor’s notes, and your medical bills to prove this. They will also most likely hire a medical expert who can testify on what caused your injuries, the past and future medical treatments you need, and whether you will make a full recovery.

You can help in building a strong case by doing the following:

  • Get prompt medical care. You should be examined by a doctor within 72 hours of your crash, even if you do not believe you were hurt or that your injury is serious. This will help document that you were hurt in the collision and protect your health.
  • Go to appointments. It is essential that you go to all your doctor appointments and physical therapy sessions.
  • Follow your doctor’s advice. You need to follow your physician’s advice on your treatment and on the activities that you can do give your injuries.

Do you need to file a claim for compensation after a car accident caused by a negligent driver? Is their insurance company claiming your injuries were caused by a pre-existing condition? Call our Roswell office or fill out our online form to schedule a free case evaluation to learn how our skilled car accident lawyers can help you.

 

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