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Will a pre-existing health issue impact my personal injury claim?
Many people in the UK are living with a pre-existing health issue, which may have been made worse due to an accident which wasn’t your fault. When making a personal injury claim it is important to disclose any underlying health conditions that you have. True Solicitors explain the reasons why:
What is classed as a pre-existing health condition?
A pre-existing health issue is any condition that you have been living with prior to the accident taking place. For example an existing injury that you may have sustained from a previous accident or a medical diagnosis.
In some cases a pre-existing health issue may have been exacerbated due to the injuries that you have sustained in the accident. For example if you had a pre-existing back injury from a prior car accident, and then have a fall at work, this could make your back injury worse.
Must I disclose my medical history when making a claim?
It is important to be truthful about your medical history when making a personal injury claim. This will help your file handler to prove what injuries were caused as a direct result of the accident, and which pre-existing conditions were made worse due to the accident.
If you are not honest about existing medical conditions this may jeopardise the success of your claim and may even result in your claim being thrown out of court.
Will I need to have a medical assessment?
When making a personal injury claim it is typical for your case handler to arrange for you to attend an independent professional medical assessment by a doctor.
An assessment is needed in order to ascertain how serious your injuries are, what injuries were specifically caused by the accident, and what your expected recovery period will be.
Read our guide on attending a medical assessment for further information.
What if the accident only impacted an existing health condition?
If the injuries that you sustained in the accident only impacted your existing health condition, the defendant will still be liable for the injury caused. This is down to what is known as the ‘eggshell skull’ rule. This means that the defendant has to take their victim as they find them, even if this means that the injured party’s existing health condition has exacerbated their injuries.
Can I make a claim?
If you have been injured in an accident that wasn’t your fault, in the last three years, contact us for a free no-obligation assessment of your case. True Solicitors have been handling personal injury claims for over 25 years and will handle your claim on a no win, no fee basis.
Call us on 0344 854 7000 or submit your details below and we will call you back.
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