When an insurance claim involves personal injury, the stakes can be high for your company. A massive payout can rock your company’s financial foundation, and it can threaten your business’s very existence if you’re constantly having to dole out large sums. That’s why it’s crucial that you thoroughly investigate every claim you receive, especially since many of them may involve pre-existing conditions.
How you can assess pre-existing conditions to protect your interests
You shouldn’t have to pay out an insurance claim when the injuries at hand are related to a pre-existing condition. It’s important to note that any exacerbation of that condition by the event in question may be compensable, but that merely highlights the importance of thoroughly analyzing the facts of the case to determine your next steps. These can include:
- Gathering the policyholder’s medical records.
- Deposing the claimant to see if you can lock them into statements that show that they were engaged in other activities that could’ve worsened their pre-existing condition.
- Speaking with medical experts to gain a greater sense of the pre-existing condition and how the event in question could’ve led to worsening of said condition.
- Requesting additional medical examinations to ensure you receive a neutral evaluation of the claimant’s condition.
- Using the existence of a pre-existing condition to secure more favorable settlement terms.
- Using the rules of evidence in your favor to block evidence from being admitted at trial.
Get a handle on pre-existing conditions in your insurance case
As you likely know, insurance litigation can be highly complicated, and the stakes can be high. With that in mind, it’s a good idea to thoroughly discuss the matter with your attorney so that you can develop a sound legal strategy that protects your interests as fully as possible.
