How Pre-Existing Conditions Affect Personal Injury Settlements

How Pre-Existing Conditions Affect Personal Injury Settlements

In many personal injury cases, the accident victim faces questions from the opposing party’s insurance company. The insurer is looking for reasons to devalue or deny your claim. One question you may be asked is, “Do you have any pre-existing conditions?”

If you have an old injury, chronic illness, or prior medical issue, you may worry it will prevent you from receiving fair compensation. The truth is, a pre-existing medical condition does not automatically disqualify your personal injury claim. However, it can influence how your claim is handled and how much compensation you can recover. 

In this article, we’ll take a closer look at how pre-existing injuries affect personal injury claims. If you have been harmed in an accident caused by someone else’s negligence, don’t hesitate to reach out to Hill & Moin LLP today to schedule a free consultation. 

What Is a Pre-existing Condition?

Studies indicate that as many as 1 in 2 Americans could have pre-existing health conditions. A pre-existing condition is any injury, illness, or medical issue that existed prior to the accident in question. These conditions can be recent or long-standing, mild or severe. 

Examples include: 

• Previous fractures
• Chronic injuries like arthritis or asthma
• Old sports injuries
• Mental health disorders
• Degenerative conditions like herniated discs or osteoporosis

Why It Is Important to Disclose Prior Injuries

You may hesitate to reveal a prior health condition, worried that it will weaken your case. However, being open and honest with your lawyer about your pre-existing conditions is essential.

Failure to disclose your prior conditions could diminish your chances of a favorable settlement. If an insurance company discovers a past health problem that you didn’t mention, your entire claim could be jeopardized because of non-disclosure. 

Understanding the “Eggshell Plaintiff” Rule

One of the most important legal doctrines relevant to personal injury claims involving pre-existing conditions is known as the “eggshell plaintiff” rule. It dictates that defendants must take plaintiffs as they find them.

So if a defendant’s negligence worsened a pre-existing condition, he or she is still responsible for the harm caused. This is true even if the injured person was more vulnerable to an injury because of a pre-existing condition. 

In other words, having a pre-existing condition does not automatically prevent you from recovering damages. 

How Pre-Existing Conditions Complicate Personal Injury Claims

The law protects those with pre-existing conditions. These types of cases can be more challenging because:

• Insurance companies may dispute causation. Insurers might argue that your current symptoms are entirely from your old injury, not the recent accident. 

• Medical records become more critical. Your personal injury lawyer must show a clear “before and after” picture of your health to prove the accident worsened your condition. 
• Damages may be more difficult to quantify. It can be difficult to separate the effects of the pre-existing condition from the effects of the new injury without strong medical evidence.

Talk to Hill & Moin LLP to tell your story. Our empathetic lawyers will listen carefully so we are able to address your concerns about your potential legal claim.

Examples of Pre-existing Conditions Can Impact Personal Injury Claims

The following are a few scenarios of how a pre-existing condition could affect your personal injury claim. 

Aggravation of a back injury

Before the accident, you had mild back pain from a sports injury years ago. However, you managed it with trips to the chiropractor and over-the-counter medication. 

You are in a rear-end collision. Your injury causes severe, constant pain and requires physical therapy and possibly surgery. 

The insurance company may try to argue that your pain is from your old injury. However, medical records and expert testimony may show that the accident significantly worsened your condition, making you entitled to compensation.

Pre-existing arthritis

Before the accident, you had arthritis in your right knee, but you could walk and work normally. A slip-and-fall causes a fracture in the same knee. 

This new accident triggers swelling, reduced mobility, and long-term complications. The fracture is a new injury, and any increased pain or loss of mobility due to the arthritis worsening after the fall may be included in your damages. 

Emotional trauma

Before the accident, you experienced occasional anxiety but managed it without treatment. Then you are in a serious motorcycle crash. This triggers panic attacks, insomnia, and the need for therapy and medication. 

The accident clearly aggravated your mental health condition. Your lawyer can help you pursue damages for counseling costs, medication, and emotional distress. 

Evidence Used to Prove the Accident Worsened Your Condition

The goal of insurance adjusters is to save the company they work for as much money as possible. One tactic an adjuster may use is to claim your current symptoms are “just” part of your old injury. 

At Hill & Moin LLP, we are familiar with insurance company tactics used to deny personal injury claims. Our personal injury lawyers can present clear evidence showing a change in your condition after the accident – so don’t hesitate to get in touch today.

Types of evidence that may help include:

• Expert opinions from doctors: Your physician or an independent medical expert can testify that the accident aggravated your condition

• Medical records before and after the accident: Comparing records from before and after the accident can show a clear difference in symptoms, treatment needs, or test results

• Imaging and diagnostic tests: MRIs, CT scans, X-rays, and other studies can objectively demonstrate changes in your medical condition

• Treatment changes: Medical evidence that you now require more intensive treatment, such as surgery, physical therapy, or increased medication, can support your claim

• Witness testimony: Friends, family, or coworkers can describe changes in your mobility, work ability, or daily life after the accident

• Pain journals: Keeping a daily record of pain levels, limitations, and emotional effects can help demonstrate a worsening condition over time

Tips to Protect Your Claim If You Have a Pre-existing Condition

If you have a pre-existing condition and are pursuing compensation for new injuries, here are some practical steps to protect your legal rights:

• Seek medical attention immediately. Even if your symptoms initially seem mild, prompt treatment creates a medical record of your condition after the accident. 

• Be transparent with your doctors. Be open about your medical history and how symptoms have changed. Doctors can only document thoroughly if they know how you’re feeling.

• Avoid social media. Opposing defense parties could use your social media to prove that your pre-existing or new injuries aren’t as bad as you claim. 

• Maintain detailed records. Keep copies of your medical bills, prescriptions, time missed from work, and any other relevant documents. 

• Contact an experienced personal injury attorney. Choose a skilled attorney who has experience handling cases involving pre-existing conditions. 

How Our Personal Injury Lawyers Can Help

Our personal injury attorneys at Hill & Moin LLP understand that cases involving pre-existing conditions require a thoughtful and strategic approach. Our law firm has the skills, knowledge, and resources required to handle the legal issues that arise from these types of personal injury claims – contact us for free advice on your case. 

Here are some ways we will support you throughout the claims process:

• Protecting your medical privacy: Your lawyer can limit the insurance company’s access to your medical history so they can see only what is relevant to your case.

• Working with medical experts: Our attorneys often partner with doctors who can clearly explain how your condition changed after the accident. 

• Gather persuasive medical evidence: Your lawyer will compile medical records, imaging, and testimony to show that the accident aggravated your conditions.

• Countering insurance arguments: Adjusters may try to blame everything on your pre-existing injury. Your lawyer can present a strong defense based on facts and legal precedent. 

• Maximizing your compensation: A skilled personal injury attorney knows how to quantify both the aggravation of your old condition and any entirely new injuries. This ensures you are compensated for the full impact of your life. 

Damages You May Be Entitled to Receive

With the help of your lawyer proving that the accident aggravated your pre-existing condition, you may be eligible for compensation such as: 

• Medical expenses: Costs for emergency care, surgeries, follow-up visits, physical therapy, and medications related to the injury

• Lost wages: Income lost while you were recovering, plus potential future earnings if your ability to work has been affected

• Pain and suffering: Compensation for the physical pain and emotional distress caused by the accident’s impact on your life

• Loss of enjoyment of life: If your injury prevents you from engaging in hobbies, activities, or social events you enjoyed before

• Future medical costs: Projected expenses for ongoing treatment and rehabilitation

Don’t Let a Pre-existing Condition Stop You From Pursuing Compensation

Having a pre-existing condition should not stop you from seeking compensation. With the right personal injury lawyer by your side, you can still recover damages for harm caused by someone else’s negligence. 

Were you injured and concerned about how your medical history might affect your case? If so, our compassionate legal team is here to help. We can review your situation, gather the necessary evidence, and fight to make sure you get the compensation you deserve.

At Hill & Moin LLP, you’re not just another client to us. We truly care about the people we help. With our law firm on your side, it’s like “having a lawyer in the family.” Complete our contact form or call us at (212) 668-6000 to schedule a free consultation.