Not all injuries begin with the accident itself. Many people have existing health issues—like back pain, arthritis, or previous injuries—before a crash or fall occurs. These are known as pre-existing conditions.
If you’re filing a personal injury claim, a pre-existing condition can play a big role in how your case is handled. Insurance companies often use pre-existing conditions as a reason to reduce or deny claims, arguing that your injury wasn’t caused by the accident. If you’re facing this kind of challenge, you can get specialized legal help from Law Bear to protect your rights and build a strong case.
What Are Pre-Existing Conditions?
A pre-existing condition is any health issue you had before your recent accident. These conditions include things like:
- A healed or healing broken bone
- Chronic back or neck pain
- Arthritis or joint issues
- Depression or anxiety
- Previous surgeries
These health problems can become worse after a car crash or a fall. This is known as aggravation of a pre-existing condition.
How Insurance Companies Think
Most insurance companies want to save money. When they see a pre-existing condition, they may say that your injury isn’t from the accident. Some even try to say that your pain would be the same without the accident.
But here’s an important rule: the eggshell skull rule. It says a person should be accepted as they are—even if they’re more fragile than others. If an accident worsens your condition, you still deserve fair treatment.
How It Affects Your Claim
Your past health can affect your claim in several ways. For one, it can lower the amount of money the insurance company offers. They may try to say that your current pain is the same as before.
You’ll need strong proof that the accident made things worse. Doctors can help distinguish between old pain and new pain. For example, if you had mild back pain before, and now you can’t sleep or walk well, the injury worsens. That matters.
Be Honest About Your Health
It is tempting to hide an old injury when filing a claim. But hiding it can hurt your case. Insurance companies often check your medical history. They might reject your claim if they find out you weren’t honest.
It’s always better to be open with your doctor and lawyer. Tell them everything, even if it seems small. That way, they can show how the accident truly affected you.
Ways to Make Your Claim Strong
You can still win your claim, even with a past health issue. Here’s how:
- Collect your old and new medical records.
- Ask your doctor to explain how the accident made your condition worse.
- Show how your daily life has changed after the accident.
Even if you were hurt before, the new injury can still count if it caused more pain, more medical visits, or less movement in your body. A personal injury lawyer understands how insurance companies think. They know what kind of proof you need and how to explain your story in a way that makes sense.
The Final Say
A pre-existing condition doesn’t mean you lose your right to file a personal injury claim. It means you’ll need to prove how the accident exacerbated the situation. Be honest, stay organized, and work with the right people to get the help you need.
