Car Accidents and Preexisting Conditions

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1. Preexisting Conditions and Personal Injury Claims: What You Need to Know

REVIEWED BY

C. William Kenny

August 08, 2024

Board certified by National Board of Trial Advocacy

Preexisting Conditions and Personal Injury Claims: What You Need to Know

Filing a personal injury claim can be complex, especially when preexisting conditions come into play. If you have been injured in an accident and have a preexisting condition, you might wonder how this will affect your claim and the compensation you might receive. Understanding how preexisting conditions are treated in personal injury cases is crucial for effectively managing your claim and ensuring fair compensation.

What Are Preexisting Conditions?

Preexisting conditions are medical conditions or injuries that existed before the incident that caused your current injury. These can range from chronic conditions like arthritis, back problems or previous injuries that were not fully healed. When you file a personal injury claim, you must disclose these conditions because they can influence the outcome of your case.

The Impact of Preexisting Conditions on Personal Injury Claims

1. Determining Cause: One of the key issues in a personal injury claim is determining whether the accident or incident directly caused the injuries or worsened preexisting conditions. Insurance companies and defense attorneys may argue that your symptoms are solely due to your preexisting condition, not the recent accident. Your medical records and expert testimony can be vital in proving that the accident worsened your existing condition.
2. Aggravation of Preexisting Conditions: Personal injury claims often involve proving that an accident aggravated or worsened a preexisting condition. For instance, if you had a previous back injury and a car accident worsened the pain, you might be entitled to compensation for the additional harm caused. Documenting the progression of your condition through medical records and expert opinions can help establish that the accident was a significant factor in the worsening of your condition.
3. Comparative Fault: In some cases, the defense may argue that your preexisting condition is the primary cause of your symptoms, rather than the accident. This is known as comparative fault. If the defense successfully argues that your preexisting condition was primarily responsible, it could reduce the amount of compensation you receive. However, you are still entitled to compensation for the extent to which the accident worsened your preexisting condition.

How to Handle Preexisting Conditions in Your Claim

• Gather Comprehensive Medical Records: Collect detailed medical records related to both your preexisting condition and your injuries from the accident. These records will be crucial in demonstrating how the accident impacted your existing condition. Make sure to include records from before the accident to establish a baseline of your preexisting condition.
• Consult with Medical Experts: Medical experts can provide testimony on how the accident worsened your preexisting condition. Their professional opinion is very important when illustrating the direct link between the accident and your worsened condition.
• Work with an Experienced Personal Injury Attorney: An attorney with experience in handling cases involving preexisting conditions can help you navigate the complexities of your claim. They can assist in gathering evidence, work with medical experts and advocate for your rights to ensure you receive fair compensation.

Recovering Compensation After an Accident

Preexisting conditions can complicate personal injury claims, but they do not disqualify you from receiving compensation. By working closely with medical professionals and an experienced attorney, you can build a strong case that reflects the true extent of your injuries and the compensation you deserve.

If you were involved in an accident, contact the personal injury attorneys of Berger and Green for a free case evaluation.