When two drivers are involved in a motor vehicle accident, the at-fault party is the driver that demonstrated negligence, thus causing the accident. It is the insurance company of the at-fault party that will file any personal injury claims or damage claims set by the victim or victim’s family. One of the most common defense methods used by insurance companies in an attempt to evade responsibility for someone’s damages, is to identify a pre-existing medical condition and blame the severity of one’s injuries incurred in a car accident on this pre-existing ailment
rather than the accident itself.

If they suspect that a person’s injuries are a result of an injury that has occurred in the past, they can legally request and receive a victim’s medical records by subpoena to look for any medical ailments that might be related or similar to the injuries sustained in the car accident. Insurance adjusters do this in order to prove that a pre-existing medical condition is directly related to the severity of a victim’s current injuries caused by a motor vehicle accident. If they are successful, then a victim may not be able to recover as much compensation for their damages as they would if they had not had a previous medical condition similar to the ones incurred from the car collision.

At-Fault Liability

Just because a victim might have a pre-existing condition that is relatable to their current injuries following a car accident, an at-fault driver is not off the hook. They are still liable for their negligence, and are still accountable for a victims exemplary damages. It simply means that a victim will have to fight harder to prove their case and defend the fact that their injuries were solely a result of their recent accident. Challenging an insurance company on your own is almost impossible; as they will find any reason to not pay out as much money for one’s damages.

This is just one reason why a car accident victim requires the professional representation of a personal injury attorney. They retain the litigation and trial experience necessary to prove a case and recover the full and fair compensation their client’s rightfully deserve. A licensed car accident lawyer knows how to build a solid injury case and refute any allegations from an opposing party. They can facilitate an in-depth review of all medical history, as well as, call previous doctors and medical advisors to the stand to testify on their client’s behalf. They will fight hard to prove to the judge and jury that the previous medical injury was fully healed, and not a pre-existing condition.

Craven, Hoover, and Blazek P.C.

Call our licensed car accident lawyers at 317-881-2700 for information about filing a claim after a motor vehicle accident in Indianapolis, Indiana. Attorney Daniel Craven is eager to answer your questions about suffering serious injuries after a car wreck. We offer free initial consultations and never collect attorney fees unless we win a settlement for you. Call 317-881-2700 to learn your rights following a serious car accident in Indianapolis, IN.