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UNDERLYING MEDICAL CONDITIONS AND YOUR INDIANA PERSONAL INJURY CLAIM

Guy DiMartino March 19, 2015


I received this question the other day.

Q. I have a connective tissue problem that I was born with and it makes me more susceptible to injury. I was involved in relatively minor accident and my doctor tells me that my body reacted like I was in a severe accident because of my condition. Can I still receive fair compensation for my injuries or is my underlying problem going to hurt my claim?

A. This is a loaded question because odds are that the insurance company is going to take the position that it was a minor accident and you're faking or exaggerating the injury. Remember, the insurance company's job is to try to save money. However, the law is clear that a person who is at fault for causing an injury takes the injured person as she finds her, and the he is not relieved of responsibility because you had an underlying or preexisting physical condition that makes your more susceptible or prone to injury.

If you have any questions about an injury after an Indiana accident, give us a call at (219) 874-4878