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Can I file a wrongful death lawsuit if the deceased person had a preexisting medical condition?
You may still file a wrongful death lawsuit even if your loved one had a preexisting condition when they died.
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You may still file a wrongful death lawsuit even if your loved one had a preexisting condition when they died.
You may still have a wrongful death case even if your loved one had a preexisting condition at the time of the deadly accident. The person who killed your family member should not be exempt from legal liability just because your loved one had a preexisting medical condition.
The preexisting medical condition may be relevant to the amount of damages you can receive. Your family member's reasonably foreseeable life expectancy will be a problem in determining how much your family can recover for future lost income and other damages.
Nonetheless, you may still be able to recover for future lost income and other damages as well as past damages, including funeral expenses, medical expenses, and pain and suffering. If someone dies in an accident, it is important that their family is honest about the medical conditions they had at the time of the incident. Failure to disclose these conditions can diminish the family's chances of a favorable settlement.
Disclosure is crucial, especially when a new injury affects the same areas as an old one and results in a death, and the entire lawsuit can be jeopardized by non-disclosure. It is best for clients to disclose all preexisting medical conditions of the deceased. In some cases, a person's preexisting condition may make them more prone to injury in an accident. However, that does not mean the victim's family is less entitled to financial compensation.
It is crucial for you to explain the deceased's preexisting medical conditions before and after the accident to your medical and legal teams in order to be correctly treated and accurately compensated for the accident's repercussions. Insurers train adjusters to blame everything on previous injuries to limit financial exposure. Still, if you are candid about the deceased's pre-accident condition, you are more likely to get a fair settlement. By being honest about your family member's preexisting condition before the accident that resulted in their death, you can put yourself in the law's good graces and increase credibility during the insurance claims process.
Even if your loved one had a preexisting medical condition, The Law Offices of Sean M. Cleary can still help you file a wrongful death lawsuit on their behalf. With over 20 years of professional experience, our attorney will go to great lengths to recover the maximum financial compensation you deserve for your loss.