Ever wondered how an old injury could affect a new personal injury claim?
This is something that many accident victims lose sleep over. They are concerned that a bad back or previous knee injury will ruin their case. Here’s the reality:
Pre-existing conditions absolutely play a role in the value of any personal injury settlement.
But here’s the good news… They don’t automatically kill your claim. Not even close.
What’s Inside This Guide:
- What Counts As A Pre-Existing Condition?
- Why Insurance Companies Care So Much
- How Pre-Existing Conditions Change Settlement Value
- How To Protect A Claim With A Pre-Existing Condition
What Counts As A Pre-Existing Condition?
A pre-existing condition refers to any injury, illness, or medical problem that someone had prior to getting into an accident.
This includes arthritis, old injuries to the back, previous back surgeries, degenerative disc disease, even psychological disorders. They’re actually much more common than people think.
The CDC reports three in four American adults suffer from a chronic condition. 194 million Americans stroll about with something in their medical history that could become involved in a personal injury claim.
Look, if you have a pre-existing condition and you’re hurt in an accident that’s not the end of the world. Most accident victims have pre-existing conditions. That’s why it’s important to have a seasoned personal injury lawyer on your side. An experienced St. Cloud personal injury attorney will help protect your case from the insurance company tricks that try to pin the injury on something that occurred years prior.
Common pre-existing conditions that show up in personal injury cases include:
- Back and neck injuries
- Knee and joint problems
- Arthritis and degenerative conditions
- Previous concussions or head injuries
- Chronic pain conditions
- Mental health conditions like anxiety or depression
Why Insurance Companies Care So Much
Insurance companies have one job. Pay out as little as possible.
And prior health problems are one of their biggest weapons. Watch how they play this every.single.time:
Blame the pre-existing condition for the current pain.
Let’s say you had back injuries five years ago. Today, you are involved in a car accident and now have back pain. The adjuster will say that your pain didn’t come from the car accident. Nope, they’ll claim your “old injury” re-aggravated itself. So they can pay you less… or deny your claim altogether.
And it happens more frequently than you would think. Particularly if the victim doesn’t have an aggressive personal injury attorney representing them.
But here’s the thing:
Actually, the law is on your side. There is a legal doctrine known as the “eggshell skull doctrine”. Essentially, this means that a negligent party takes their victim as they find them. If a pre-existing condition made you more susceptible to injury, the party at fault is responsible for the injury.
That’s important because over 51 million U.S. adults suffer from chronic pain. Millions of accident victims already have some underlying condition that insurance companies will try to blame.
How Pre-Existing Conditions Change Settlement Value
This is where things get interesting.
Pre-existing conditions can decrease OR increase the value of a settlement. It just depends how the case is managed.
When They Lower Settlement Value
If your pre-existing condition was not made worse by the accident, then it will not be compensated for in your settlement. Period.
For instance…. lets say someone had chronic knee pain prior to getting into a car wreck, and they happen to have the same identical level of knee pain post wreck, the insurance company will go battle saber to saber to try to get that excluded from the settlement.
Settlement offers also drop when there are:
- Gaps in medical treatment
- No pre-accident medical records for comparison
- Poor documentation of the aggravation
- Delayed reporting of new symptoms
When They Raise Settlement Value
Here’s where a lot of people get surprised.
If the accident aggravated (made worse) the pre-existing condition, the value of the case can actually increase. The at-fault party is liable for that aggravation, even if a person without the pre-existing condition would not have been injured as severely.
Aggravated pre-existing conditions can lead to bigger settlements because:
- Medical treatment costs are higher
- Recovery takes longer
- The impact on quality of life is greater
- Long-term care may be needed
How To Protect A Claim With A Pre-Existing Condition
Ready for the game-changer?
Here’s the precise recipe for success or failure when it comes to handling a personal injury claim involving a pre-existing condition.
Be Upfront About It
Never hide a pre-existing condition. Ever.
Insurance companies can see your medical records. They will find out either way. If you get caught lying about something, they can deny your whole claim. Honesty helps your case because you appear trustworthy.
Get Medical Attention Immediately
Long wait times to see a doctor will doom your settlement quickly.
The more time that passes, the more the insurance company can claim that your injury was not serious or was not caused by the accident. Prompt medical attention establishes an obvious medical record connecting your injury to the accident.
Document The “Before” And “After”
This is huge.
Documentation. If you can prove how the injury altered your life after the incident, you can win ANY pre-existing condition case. You need to collect:
- Pre-accident medical records
- Old MRIs, X-rays, and scans
- Notes from previous doctors
- Records of pain levels before the accident
Compare those records to ones made after the accident. That “before and after” snapshot is what an injury lawyer uses to demonstrate aggravation.
Follow The Treatment Plan
Missed appointments or no-shows to physical therapy allow the insurance company to say the injury has healed. Follow your treatment plan to help preserve your claim and prove your injury exists.
Hire A Personal Injury Lawyer Who Knows These Cases
Not all lawyers are familiar with pre-existing condition cases. Pre-existing conditions can be difficult. You need someone who understands how to fight against the insurance companies.
The right personal injury lawyer will:
- Gather all the necessary medical evidence
- Work with medical experts to prove aggravation
- Handle all communication with insurance adjusters
- Fight for the full value of the claim
Final Thoughts
Having a pre-existing condition doesn’t mean giving up on a personal injury claim.
That just means the case needs to be handled properly. With the right documentation, full disclosure, and a skilled personal injury lawyer, accident victims can definitely recover fair compensation…even if they have past injuries.
Quick recap:
- Pre-existing conditions are extremely common
- Insurance companies will use them to reduce payouts
- Aggravation can actually increase settlement value
- Full medical documentation is the key to winning
- The right legal help makes all the difference
Injuries occur. Pre-existing conditions occur. But with good planning, a claim can still provide the compensation you need.
