Overview
Insurance companies often try to argue that any injury you had before the accident means they owe you nothing, but that's usually not how the law works. If an accident aggravates or worsens a pre-existing condition, you can still recover compensation for the new or worsened symptoms. The tricky part is proving that the accident actually made things worse, not that you just happened to have a condition that would have progressed anyway. Understanding your rights here protects you against this common insurance tactic.
Frequently Asked Questions
Can I still have a claim if I had an existing injury or condition before the accident?
Yes. Pre-existing conditions don't bar a claim. If an accident aggravates or worsens a pre-existing injury or condition, you can recover compensation for the worsening and any additional treatment needed as a result. What you can't recover is compensation for the pre-existing condition itself, only for how the accident made it worse.
How do I prove the accident made my condition worse?
Medical records are key. You need evidence showing your condition before the accident, the accident itself, and medical findings after the accident showing worsening symptoms or a need for more treatment. Comparing pre-accident medical records to post-accident records helps establish what's new and what's worse. Your doctor's statement that the accident aggravated your pre-existing problem is typically the most important evidence.
Will the insurance company try to deny my claim because of pre-existing conditions?
Yes, this is one of the most common defense tactics. Adjusters will argue your symptoms were pre-existing and therefore not caused by the accident, or they'll try to minimize how much worse the condition became. This is where having a lawyer matters, since they can present medical evidence and argue the law doesn't allow this kind of denial.
Is the compensation less if I had a pre-existing condition?
Potentially, but only for the aggravation and worsening, not because you had a pre-existing condition. If you had chronic back pain before and the accident threw your back out further, you recover for the accident-related aggravation, not for the pain you were already experiencing. Some states use something called the 'eggshell plaintiff' rule, which actually says you recover the full value of the aggravation even if your pre-existing condition made you more susceptible to injury.
What should I tell my doctor about my pre-existing condition?
Be honest about prior injuries or conditions, but make sure to clearly describe what changed after this accident. Tell your doctor specifically what symptoms are new or different compared to before the crash. Documentation of this distinction is crucial to supporting your claim for the accident-related aggravation.
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Get A Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
