A personal injury claim can feel complicated if you have a pre-existing injury. You might worry that your prior condition will prevent you from receiving fair compensation or that the insurance company will use it as a reason to deny your claim.
These are valid concerns, but having a pre-existing injury doesn’t mean your case is hopeless.
Many people with pre-existing conditions successfully recover damages when they can show how their injuries were worsened by an accident.
Nevertheless, understanding the interplay between a new car accident and a pre-existing condition isn’t straightforward. But the key to pursuing a personal injury claim with a pre-existing condition is being able to prove that the new incident has made your pre-existing condition worse.
Having an experienced personal injury lawyer by your side can make this process far easier.
With the right team and approach, you can build a case that demonstrates exactly how the accident aggravated or worsened your pre-existing condition.
What is Considered a Pre-existing Injury in Personal Injury Claims?
A pre-existing injury is any medical condition or injury that you had before the accident that forms the basis of your personal injury claim.
Common examples include:
- If you had a bad back and were involved in a car accident that made your back pain significantly worse, that aggravation could still be compensable.
- If you’ve had knee surgery but an accident caused a new tear or damage to the same knee, you may still have a strong claim for damages.
Pre-existing injuries are important to consider in personal injury claims because they can complicate the process. It can be difficult to determine how much of your pain and suffering, medical expenses, or other damages are due to the current accident versus your prior condition.
However, having a pre-existing injury does not bar you from seeking compensation.
How Insurance Companies Use Pre-Existing Conditions to Limit Payouts
When you file a claim for injuries caused by an accident, one of the first things the insurance company will look into is whether you have any pre-existing injuries or medical conditions. They often use this information to argue that they’re not responsible for covering the full extent of your damages.
Here’s how they do it:
1. Blaming Your Pre-existing Condition
Insurance companies often argue that your current symptoms are entirely due to your pre-existing injury or condition rather than the accident itself. For example, if you’ve previously been treated for back pain and now have a spinal injury, they might claim your pain is simply a continuation of your old issue.
2. Downplaying the Aggravation of Your Injury
Even when it’s clear the accident worsened your condition, insurers might minimize the extent of the aggravation. They may argue that the changes in your condition are minor or temporary, hoping to reduce the amount they owe you.
3. Suggesting You’re Exaggerating Symptoms
Insurance companies might allege that you’re overstating your pain or suffering to inflate your claim. They might even hire private investigators to monitor your activities, looking for evidence to discredit your claims.
4. Misinterpreting or Misusing Medical Records
Insurers may comb through your medical history to find any prior injuries or conditions that they can connect to your current issues. By cherry-picking information, they may attempt to twist your medical records to fit their narrative that the accident had little to no impact on your health.
5. Using Medical Experts to Dispute Your Claim
Insurance companies sometimes bring in their medical experts to dispute the connection between your injuries and the accident. These experts might testify that your symptoms are typical for someone with your pre-existing condition, regardless of the accident.
Proving That Your Current Injury Worsened Due to the Accident
Our attorneys examine the details of the accident, assess the severity of your injuries, and evaluate how those injuries have affected your life to build a compelling case on your behalf. To gather evidence, we may utilize the following sources:
- Medical Records: Comprehensive documentation of your treatment and diagnosis.
- Diagnostic Tests: Objective evidence from X-rays, MRIs, CT scans, and other imaging studies that visually track the progression of your injuries.
- Expert Witness Statements: Professional opinions that reinforce the credibility of your claims.
- Symptom and Pain Journals: Personal logs detailing your daily struggles, pain levels, and limitations.
- Employment Records: Evidence of how your injury affects your work, whether through diminishing your capabilities or because of missed time on the job.
- Witness Testimonies: Accounts from individuals who can speak to the challenges you now face, including difficulties with personal care, caregiving, driving, or participating in recreational activities and hobbies.
Steps to Take to Protect Your Claim if You Have a Pre-Existing Condition
The first and most important step is to be honest about your medical history. Disclosing your pre-existing condition to your attorney and healthcare providers ensures transparency and prevents the insurance company from using any undisclosed information against you.
Seeking immediate medical attention is equally vital. After an accident, visit a doctor right away to document any new or aggravated injuries. A medical evaluation can help establish a clear baseline, showing the difference between your pre-existing condition and any new harm caused by the accident.
Another essential step to take is to follow your treatment plan. Attend all recommended follow-ups, adhere to prescribed therapies, and take medications as directed. This will demonstrate that you are serious about your recovery, which will strengthen your claim.
Finally, hire an experienced personal injury attorney. An attorney familiar with claims involving pre-existing conditions can help you traverse the complexities of your case, gather strong evidence, and counter the insurance company’s attempts to downplay your injuries.
The Role of Medical Documentation in Establishing New or Aggravated Injuries
Medical documentation plays a pivotal role in your case. Firstly, it shows the state of your health before the accident, which gives background information on your pre-existing condition.
Medical records—including diagnostic tools like X-rays, MRIs, and CT scans—can also highlight changes in your condition after the accident, such as increased pain, reduced mobility, or new complications.
Medical experts can then use your records to project ongoing treatment costs or permanent impacts, helping you seek adequate compensation for your future medical needs.
Contact an Experienced York Personal Injury Lawyer
If you have a pre-existing injury and are worried about how it might impact your personal injury claim, contact Hunter | Everage. Our personal injury lawyers know how to handle these complex cases and fight for the compensation you deserve.
For more than 35 years, we’ve been helping hard-working people—the little guy—and those feeling helpless navigate the complexities of a personal injury claim with a pre-existing condition.
Contact our personal injury lawyers in York at 704-377-9157 to discuss your case and explore your options. Together, we can work to protect your rights and rebuild your life after the accident.