Understanding the Impact of Pre-Existing Conditions on Car Accident Claims

A car accident can leave you injured and grappling with a new reality. You were fit and healthy before—no back pain, no lingering injuries—just your usual self. But now, every movement is a reminder of the crash, and you find yourself dealing with pain you never had before.

You thought getting compensation for your injuries would be straightforward. After all, the evidence is right there: the bruises, the broken bones, the neck pain that came out of nowhere. But then, you get the call from the insurance company. They got you to sign some waivers to dig into your past, and they now claim that an old injury is the source of your problems. They claim that you’ve been living with chronic pain so you are entitled to much less money than what is fair. Suddenly, what seemed like a clear-cut case feels murky and complicated.

You know this accident changed everything for you. BUt now you are left wondering how you will prove this. It’s a frustrating and overwhelming situation, especially when you just want to focus on healing. That’s why you need someone in your corner—an experienced car accident lawyer who understands the ins and outs of these cases. They can help you navigate the complexities of your claim, ensuring you get the compensation you deserve, even with pre-existing conditions. You’re not alone in this fight, and there is hope for your recovery and future.

How Pre-Existing Conditions Affect Car Accident Claims

A pre-existing condition, as it is referred to in car accident claims, is any medical condition that existed before the accident. It can be a dormant condition that you never knew you had, or it can be a nagging strain that you have been effectively managing for a long time. Essentially, it’s any condition you are currently living with, whether that condition has a major impact on your life, or a fairly negligible one. A pre-existing condition can be an old sports injury, a back problem from a previous accident, an undiagnosed congenital condition, and many other possibilities.

If you have a pre-existing condition, insurance companies will try to use this against you to reduce the value of your case. They will claim that the pain or injury you are experiencing after the car accident is just a result of your previous issue. When they attempt to make this claim, what they are doing is shifting liability.

Most of the time, insurance companies will offer a greatly reduced settlement or even no settlement for your injuries at all, claiming that it was not the accident did not cause the injury. If you attempt to claim that the accident exacerbated a pre-existing condition, they will scrutinize all your medical records carefully to try and wrongly claim the car accident was not the cause of your pain.

Proving the Accident Worsened a Pre-Existing Condition

The best thing you can do if a pre-existing condition defense is being asserted against you, is to make sure everything is documented thoroughly. This means reporting your symptoms to your medical providers is as much detail as possible. Medical documentation both before and after the accident is essential to demonstrate the impact of the accident in as many phases of your life as possible.

If you have a pre-existing condition, chances are good that you have access to your complete medical records which document your current condition. After the accident, your team of medical professionals can compare your condition after the accident to your condition before, which will determine if, and more importantly, how much the accident aggravated a pre-existing condition. Full disclosure is important. Make sure that both your medical team and your attorney understand the full breadth of your condition both before and after the accident.

The Role of an Experienced Attorney

While it is always a good idea to have a car accident attorney on your side during a claim, when you have pre-existing medical conditions you should expect it will be called into question. In this event, an attorney is absolutely necessary evidence. Your attorney can help by:

• Gathering medical evidence and witness testimony to show how the accident worsened an existing injury.
• Negotiating with the insurance company who is trying to use pre-existing conditions as an excuse for a lower settlement.
• Helping you get compensation not only for new injuries but also for the increased pain and limitations caused by the worsening of old injuries.
• Ensuring that you are fully compensated for future medical costs related to the aggravation of pre-existing conditions.
• Advocating for you, showing how your quality of life has changed due to the car accident, despite having a pre-existing condition.

Challenges in Dealing with Insurance Companies

As soon as the insurance company learns you have a pre-existing condition, they will start to employ tactics to claim a pre-existing condition is the primary cause of injury. They may have their own medical experts claim that there was no impact on your life and health before and after the accident. These hired guns will claim, since you were already living with a condition, you could not possibly have been injured in the accident. To fight this, you need a skilled attorney who knows how to counter these arguments with strong medical evidence and a good legal strategy. These cases can get complex very quickly, and your attorney will leverage medical evidence to counter any of these attempts by the insurance company to bully you into accepting a low offer.

You shouldn’t be denied fair compensation simply because you have a pre-existing condition.

Dealing with chronic pain, a prior injury, or a degenerative condition doesn’t mean that the accident didn’t exacerbate your issues, and it doesn’t prevent new injuries from being a problem for your future well-being. Having an experienced car accident attorney with a solid legal plan is your best path toward getting fair compensation that will allow you to move forward with your life. If you’ve been injured in a car accident with the added challenge of a pre-existing condition, contact the legal team at Arthur Law Firm (419) 782-9881 for a free consultation right away.