If you have been injured while riding in an Uber or Lyft vehicle, you have good reason to be concerned about whether you will get fair compensation from insurance companies. You may also be wondering if you can file a personal injury claim to receive compensation for your injuries or other losses.
Whether you can receive compensation in a rideshare accident depends on the facts of the accident and your injuries. One factor that many people overlook is preexisting conditions that could be relevant in a rideshare accident case. Also, what if your rideshare accident worsens a medical condition or injury that you already have?
These factors can complicate your claims process, but they do not mean that your case is lost before it gets started.
Preexisting Conditions Possibly Relevant in a Rideshare Accident Case
Suppose you are injured in a rideshare accident and file a personal injury claim. In that case, you may quickly find that the opposing party will attempt to minimize your injuries from the accident. You may also find that the other party tries to blame your injuries on preexisting conditions such as:
- Chronic back or neck problems
- Herniated discs
- Traumatic brain injury (TBI)
- Previously fractured or broken bones
- Previous sprains or strains
- Degenerative disc disease
If you have any of these preexisting conditions, you must prove that your rideshare accident injury was in addition to them, or that the accident made them worse.
Preexisting Injuries in Personal Injury Claims
There is a well-established rule in personal injury law that a plaintiff (you) cannot recover damages (compensation) for medical conditions or injuries that existed before the accident. However, if you can show the court that your injuries were of a particular type and severity before the accident, you may establish that the accident made them worse. If you can prove that, as a result of the accident, your injuries are more intense, more debilitating, causing more pain, or are more acute, then you may be able to receive compensation.
Find out if a preexisting condition could impact your personal injury case by calling Abogados Campeones at 323-613-2113.