The Impact of Pre-existing Conditions on Your Oklahoma Construction Accident Case

If you have recently been injured in a construction accident in Oklahoma, you might be feeling overwhelmed. There are many factors to consider, and on top of that, you may have a pre-existing condition that complicates things. At Murray Law Firm, we understand how difficult it can be to navigate these complex legal matters, especially when you’re already dealing with the pain and uncertainty that come with an injury. If you’re worried about how your pre-existing condition might affect your case, rest assured, we are here to help. We are empathetic toward your concerns and dedicated to guiding you through every step of the legal process to achieve a favorable outcome for your case. In this piece, we will discuss the ways pre-existing conditions can impact your Oklahoma construction accident case and what you can do to ensure you have the best possible chance for success.

Understanding Pre-existing Conditions and Construction Accidents

Pre-existing conditions refer to any health issues you had before the accident occurred. These can be anything from chronic back pain, old injuries, or conditions like arthritis or heart disease. When a construction accident happens, you may think that a pre-existing condition could hurt your chances of receiving compensation, especially if the injury aggravates or worsens your condition. However, this is not always the case.

While it is true that your pre-existing condition might affect how severe your injury becomes, it doesn’t mean you can’t pursue compensation. In Oklahoma, workers’ compensation laws and personal injury laws allow individuals with pre-existing conditions to receive compensation if the accident worsens their condition or causes additional harm. It is important to understand that the law recognizes that even if you had a pre-existing condition, the construction accident might still be the direct cause of your new pain or further complications.

James V. Murray

Attorney with Over 40 Years Experience

How Pre-existing Conditions Affect the Outcome of Your Case

Pre-existing conditions can influence your Oklahoma construction accident case in several ways. The most significant concern for many injured individuals is how their condition may be perceived by insurance companies or in court. If an injury aggravates a pre-existing condition, the insurance company may argue that the accident wasn’t the main cause of your current pain, or they may try to minimize the severity of the injury because of the condition.

However, in Oklahoma, the law follows what is known as the “take your victim as you find him” rule. This means that even if you had a pre-existing condition, you are entitled to compensation for the injury you sustained as a result of the accident, even if your condition made you more

vulnerable to injury. If your accident worsened or aggravated your pre-existing condition, you could still hold the responsible party accountable for the harm caused.

For example, if you have a history of back pain and the accident causes a herniated disc that significantly increases your pain, you may still have a case for compensation. Even if your back pain was an issue before the accident, the accident itself may have exacerbated your condition, leading to more severe injuries. The key factor here is proving that the accident caused or worsened the condition, which is where an experienced attorney can play a significant role.

Mr. Murray and his team were very professional and helpful throughout this process. As my case was very unique, I knew I was going to need a very specific and special team to help me through this. My wife and I prayed about it and God led us to Murray Law Firm. During the first consultation I requested he pray with me about it and he was quick to agree and that is when I knew we had made the right decision. They went above and beyond our expectations and won the case. I would highly recommend this firm.”

- Roger Buchanan

The Murray Law Firm worked wonders for me and my needs. James Murray along with his staff are so helpful, understanding, and answered all my questions and concerns. James was able to work his magic and get things done in such a timely manner. James even made his self available by phone after hours when I was in such need. He put not only mine but my whole families worries and concerns at ease. Would highly recommend James Murray to anyone searching for a very good attorney!"

- Tiara Rich

Jamie is personal yet professional. He can put you at ease and make you feel safe and secure. He will be at your side through this most difficult time in your life and will keep you informed about what is going on in your case and what you can expect. His staff is always ready and willing to do everything the can to help you. Highly recommended."

- Alicia Mayfield

How to Prove the Impact of Your Pre-existing Condition

The complexity of a construction accident case with a pre-existing condition often lies in proving the connection between the injury and the accident. Insurance companies and opposing parties will likely try to argue that your pre-existing condition is the sole cause of your pain and suffering. To fight this, you must present compelling evidence that shows how the accident aggravated or worsened your pre-existing condition.

This can include medical records, expert testimony, and testimony from treating physicians who can explain the relationship between the accident and the worsening of your condition. Your attorney can help you gather the necessary evidence to prove that the construction accident led to more harm, even if you were dealing with an underlying medical issue.

The Importance of Medical Documentation in Your Case

Having proper medical documentation is critical in any construction accident case, especially when a pre-existing condition is involved. Your doctors will need to provide detailed records showing the extent of your injuries and the specific ways in which the accident has aggravated or worsened your pre-existing condition. This medical evidence will play a central role in proving your case and ensuring that you receive the compensation you deserve.

Doctors may perform physical examinations, order imaging tests, and provide written statements that detail how the accident has impacted your pre-existing condition. These records will help show a clear cause-and-effect relationship between the accident and the injury. If you have been treating a pre-existing condition, be sure to inform your doctor about the accident as soon as possible, as this will allow them to make the necessary documentation.

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Challenges You Might Face When Dealing With a Pre-existing Condition

While it’s true that pre-existing conditions do not automatically prevent you from obtaining compensation, they can present some challenges in your case. One common obstacle is the argument that the injury would have occurred even without the accident. Insurance companies and opposing parties may try to suggest that your pain is not due to the accident, but rather the

result of your pre-existing condition. This can be difficult to overcome without strong medical evidence and legal support.

Another challenge is the possibility that your pre-existing condition might result in higher medical bills or more extensive treatment, which could lead to larger compensation claims. The defendant or their insurance company may argue that you are asking for more compensation than is warranted due to the aggravation of a pre-existing issue.

Working with an attorney who understands the intricacies of these types of cases is crucial. Your lawyer can help you navigate these challenges and present the most compelling case possible.

How an Attorney Can Help You With Your Case

If you are dealing with a construction accident and have a pre-existing condition, an attorney can help you understand how the law applies to your case and guide you through the legal process. The impact of pre-existing conditions on construction accident cases can be complicated, but with the right legal representation, you can improve your chances of securing a favorable outcome.

Your attorney will help you collect the necessary medical records, consult with healthcare providers, and work with experts who can testify about the impact the accident has had on your pre-existing condition. Furthermore, they will negotiate with insurance companies on your behalf and fight for the compensation you deserve.

If you’ve been injured in a construction accident and have a pre-existing condition, you don’t have to face the legal challenges alone. The team at Murray Law Firm is here to provide the support and guidance you need to navigate your case with confidence. We understand the unique challenges that come with having a pre-existing condition, and we are committed to helping you get the compensation you deserve.

Let us take the burden off your shoulders and fight for your rights. Contact Murray Law Firm today to schedule a consultation and get started on your path to justice.