When filing a personal injury claim, the focus usually lies on proving how the accident caused your injuries and impacted your life. But what happens when you have an existing injury or medical condition before the accident? Do pre-existing injuries harm your chances of receiving fair compensation? Not necessarily.
Pre-existing injuries can play a critical role in personal injury claims, but they don’t automatically disqualify you from seeking damages. Understanding how to address this aspect of your case can make the difference between a successful claim and a denied one.
This blog will guide accident victims and personal injury claimants through:
- The importance of disclosing pre-existing injuries to your attorney
- How insurance companies handle pre-existing conditions
- Strategies to build a strong case and protect your rights
By the end of this post, you’ll not only know how to manage pre-existing conditions in your claim but also feel empowered to pursue the compensation you deserve.
Why You Need to Disclose Pre-Existing Injuries to Your Attorney
Transparency is one of the most crucial parts of a personal injury claim. If you have a pre-existing condition or injury, your first instinct might be to hide it, fearing it could weaken your case. However, failing to disclose this information can hurt you more than help.
What Happens If You Don’t Disclose?
Imagine this scenario: you’re filing a claim for a neck injury suffered in a car accident. You decide not to mention that you had physical therapy for mild neck pain three years ago, thinking it isn’t relevant. The defense uncovers your medical history during the investigation, using it to question your credibility. Suddenly, your case looks weaker—not because of your neck condition, but because you appear dishonest.
Why Transparency Strengthens Your Case
When you disclose a pre-existing injury, your attorney can develop a strategy to account for it. They can demonstrate exactly how the accident worsened your pre-existing condition with thorough medical evidence. Transparency shows the court (or insurer) that you’re acting in good faith, which can strengthen your claim.
Legal Tip: Your attorney acts as your advocate; always give them complete information to craft the best strategy for you.
How Insurance Companies Handle Pre-Existing Conditions
Insurance companies love to exploit pre-existing injuries to minimize claim payouts. The more they can attribute your current pain or medical needs to prior issues, the less they’ll have to compensate you. Here are the two most common tactics they use:
Claiming Your Injury Was Pre-Existing
One tactic insurers use is arguing that your injury was entirely pre-existing and not caused by the accident at all. If they succeed, they may deny your claim outright.
Example: A man with mild osteoarthritis in his knee slips and falls in a supermarket. The accident worsens his condition, leading to frequent knee pain and the need for surgery. An insurer may argue that his damages are solely due to arthritis, not the store’s negligence.
Downplaying Worsened Conditions
More often, insurers will agree that the accident worsened your pre-existing injury but claim the impact was minimal. This allows them to offer only partial compensation for your medical bills and suffering.
Example: A car accident exacerbated an old back injury from a sports incident. The insurer tries to argue that your back pain is mostly due to your prior injury, despite evidence showing how the accident significantly reduced your mobility.
Insurance companies are well-versed in these tactics. That’s why it’s critical to work with an attorney experienced in handling claims involving pre-existing conditions.
Building a Strong Case Despite Pre-Existing Injuries
Pre-existing conditions don’t mean you can’t pursue a personal injury claim. Instead, your case needs to focus on showing how the accident aggravated or worsened your condition. Here’s how to establish a strong argument:
1. Medical Evidence is Key
Thorough documentation of your medical history and post-accident treatment is essential. Expert testimony and medical records should clearly illustrate how the accident impacted your health. Specifically:
- Compare your condition before and after the accident
- Demonstrate the accident’s role in worsening your symptoms or influencing recovery
Case Example:
Back Injury Aggravation
A claimant had a prior back injury from a sports incident. After a car accident, they experienced heightened pain and reduced mobility. Legal experts highlight how this worsening directly resulted from the accident, using medical records and a doctor’s testimony.
2. Expert Testimony Strengthens Your Case
Medical experts can explain the connection between the accident and your worsened condition. They provide a professional perspective that insurance adjusters and courts often rely on for validation.
Case Example:
Osteoarthritis Flare-Up
An elderly individual with osteoarthritis slips and falls. The acute pain and accelerated progression of the condition are explained in court by a rheumatology expert, proving the accident triggered significant harm.
3. Focus on “Eggshell Plaintiff” Doctrine
The “eggshell plaintiff” doctrine protects your right to seek compensation even if you were more susceptible to injury due to pre-existing conditions. The law acknowledges that defendants are responsible for the harm they cause—even if the injured party was more vulnerable than an average person.
4. Highlight Long-Term Impacts
If the accident worsened a pre-existing condition in ways that dramatically affect your quality of life (e.g., cognitive impairment, reduced mobility), this can significantly strengthen your damages claim.
Case Example:
Concussion Complications
A car accident victim with a history of concussions suffers another head injury, leading to prolonged post-concussive syndrome. Expert neurologists demonstrate the cumulative impact of multiple concussions and how the latest one caused long-term cognitive issues.
Protecting Your Rights and Seeking Fair Compensation
Dealing with pre-existing injuries in a personal injury claim can seem daunting, but it doesn’t have to be. The key to protecting your rights lies in honesty, a strong legal strategy, and robust evidence. Here are your next steps:
- Be transparent about your medical history when speaking with your attorney.
- Work with medical professionals to secure detailed records and expert opinions.
- Remember the law protects you under doctrines like the eggshell plaintiff principle.
If you’re ready to take the next step, consult with a personal injury attorney experienced in navigating cases involving pre-existing injuries. You deserve fair compensation for your suffering and losses—even if your health wasn’t perfect before the accident.
