A common concern when someone considers pursuing a personal injury claim is how a pre-existing condition could affect their potential case. In some instances, that sentiment alone leads individuals to not pursuing further action. Insurance companies often try to use prior injuries or medical conditions as a way to minimize compensation. However, having a pre-existing condition does not mean you are ineligible for damages. Understanding how these conditions are evaluated in personal injury cases can help you protect your rights and strengthen your case and support the value of your claim, rather than diminish it.
The Role of Pre-Existing Conditions in Personal Injury Claims
A pre-existing condition refers to any injury, illness, or medical issue that existed before the accident occurred. These can include chronic conditions such as arthritis, previous back injuries, or even past surgeries. In a personal injury case, the insurance company will likely investigate whether your injuries were entirely caused by the accident or if your pre-existing condition played a role in your current medical situation.
One of the key legal doctrines in injury cases states that defendants must take injured victims as they find them. This means that if an accident worsens a pre-existing condition, the responsible party can still be held liable for any additional harm caused, even if a healthy person may not have suffered the same degree of injury.
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance companies frequently try to argue that an injury was not caused by the accident but was instead the result of an existing medical condition. They will request access to your medical history and attempt to use previous doctor visits or treatments as evidence that your current pain or limitations were not directly related to the accident.
To reduce their payout, insurers often claim that your injuries would have occurred regardless of the accident. They may also argue that your condition was bound to deteriorate over time and that the accident was not a significant factor in your medical decline. These tactics can make the claims process more difficult, but they do not eliminate your right to seek or obtain compensation.
Proving That an Accident Worsened a Pre-Existing Condition
If you have a pre-existing condition, it is crucial to demonstrate how the accident aggravated or worsened your medical condition. This is where medical records, expert testimony, and detailed documentation become vital. Your attorney may work with medical professionals who can compare your health before and after the accident to establish a clear distinction between prior issues and new or worsened injuries. This can include your current healthcare providers, or a retained expert witness.
Consistent medical treatment after the accident is also essential. If you experience increased pain or new symptoms, seeking immediate medical attention and following your doctor’s recommendations will provide ongoing documentation that supports your claim. Any gaps in treatment or failure to follow prescribed care can be used by the insurance company to argue that your injuries are not as serious as claimed.
Seeking Fair Compensation
Even with a pre-existing condition, you are still entitled to seek full compensation for medical expenses, lost wages, pain and suffering, and other damages related to the accident and recovery for any worsening or exacerbation of the underlying injury. The challenge lies in ensuring that you receive compensation for the harm directly caused or exacerbated by the accident rather than allowing the insurance company to shift blame onto your prior medical history.
At the Halperin Law Center, we understand how insurance companies operate and the strategies they use to systematically undervalue claims involving pre-existing conditions. Our experienced legal team will fight to ensure that your rights are protected and that you receive the compensation you deserve. If you’ve been injured and have concerns about how a pre-existing condition may impact your case, contact us today for a free consultation. We’re here to advocate for you every step of the way.
