The Impact Of Pre-Existing Health Conditions On Your Personal Injury Claim

People dealing with a personal injury case often find themselves wondering how their pre-existing medical conditions affect their ability to get compensation for their injuries. If you’re not asking that question, the insurance company for the at-fault party certainly is. The concern is that if there is a pre-existing injury, the insurance company would claim it’s at the root of the injury from the accident and use it as an excuse to deny a claim. In some instances, victims even try to hide their previous injuries because of this fear—which is something you should not ever have to do. Be upfront with your attorney about your past injuries. It is in your best interest to do so, and here’s why. 

How Past Injuries Are Viewed 

It is essential to understand how car and truck insurance companies approach pre-existing conditions. These refer to any health issues you had before the accident occurred. Car and truck insurance companies scrutinize these conditions meticulously to determine whether your current injuries are simply existing problems that have worsened over time. In other words, the injuries are unrelated to the accident. A personal injury claim is designed to handle costs arising from the accident rather than issues you already had. 

To illustrate, let’s say you had a knee problem before the accident and subsequently injured your knee in a car accident. The insurance company assesses the extent to which your injury is new or related to the accident. They may argue that your knee was compromised and refuse payment for all treatment expenses. Your medical history and an experienced personal injury attorney are critical to overcoming this. Your doctor’s records provide evidence of your knee condition before the accident. Your attorney will be instrumental in arguing that your previous injury was made worse by the accident. In other words, having a pre-existing condition or past injury that still inhibits you does not prevent you from getting compensation.

The Value of Documentation 

When you are upfront with your attorney, they will develop a strategy to help you get the compensation you are entitled to. Being honest and transparent about your history is crucial because lawyers can only prepare for issues they are aware of. Trying to conceal an existing condition will have negative consequences, including potentially having your personal injury claim denied.

Always provide accurate information regarding your history when filing a claim. Having detailed records that document your condition before and after the accident is also paramount. These records can include doctors’ notes, X-rays, and how your injury improved or worsened on subsequent visits. The more precise and comprehensive the records are, the more they will show that the accident caused your current injuries. This is why you should always go to your doctor’s appointments. In cases where the accident has worsened an existing condition, having detailed documentation is crucial in establishing the extent of  aggravation.

Additionally, keeping track of any symptoms or changes in your condition after the accident can be beneficial. Jot down any differences or developments to support your claim that the accident impacted your health. These should be conveyed to either your doctor or your attorney. It’s important to remember that each insurance claim is unique, and the extent to which pre-existing conditions impact a case will vary. The key is to be upfront with your lawyer, not hide your medical history, and do your part to document your injuries. 

Contact Alvarez Law GroupIf you have a personal injury claim and are worried about how your existing medical conditions might impact it, Alvarez Law Group will assist you. Our team understands the challenges involved with these cases and is here to provide guidance. We will assist you in navigating the personal injury process. Schedule a free consultation with us so we can learn more about your specific circumstances. We will support you throughout this process and work to get the compensation you are entitled to.

The following two tabs change content below.

Alvarez Law Group

At Alvarez Law Group, we are proud of our reputation for being a trusted advocate during insurance claims litigation and real estate transactions.

Latest posts by Alvarez Law Group (see all)