I’ve heard that humans are not designed to be sat at desks all day, yet that’s what most of us do! Many people also don’t exercise enough when we hit the world of full time work as well. The result is poor posture and a body that ages faster than it should. I should know – I’ve got back and knee problems from two previous accidents and I feel like an OAP at times; but I’m not even thirty yet!
So a lot of people have pre-existing problems and worry about making a claim when this is a factor. So if this is you, read on for some helpful advice!
First up, don’t worry!
You can still claim. You can claim for any additional suffering or exacerbated suffering caused as a result of an accident. So let’s take an easy example – you have back problems and end up in a car accident. You will likely end up with more severe pain and problems as a result.
Essentially if the extent and severity of the pre-accident symptoms are made worse after the accident then it’s likely the accident was the cause – especially if the nature of the accident is likely to affect the already injured area.
So whilst you can’t claim for the pre-existing problems, you can claim for the new and additional suffering caused.
How do I prove the exacerbation?
Just leave that to us!
We can instruct highly qualified and suitable medical experts to examine you, look at your medical records, and prepare reports for us. The expert we use are entirely independent and their duty is to the court. As such, they should give their honest and genuine opinion about your injuries.
In the report they can apportion what, if anything, has been exacerbated by the accident. We then use the findings in the report to value the claim in the same way we will any other claim.
Will I get less because of my pre-existing problems?
It depends entirely on the nature of the injuries and the case. It depends on whether you have suffered worse because you have pre-existing problems, or if you have suffered less because a lot of the symptoms are nothing to do with the accident.
You can only claim for what has been caused by the accident, so if two people suffer the same amount but one has pre-existing problems, then you may look at it the wrong way. The fact that the person with pre-existing problems suffers for as long as the person without any actually could mean they have suffered less as a result of the accident, and the healthy person has suffered more because they’re now at the same level as someone who had prior problems!
So simply put – you claim for what has been caused by the accident.