Tag: Pre-existing condition

How A Pre-Existing Condition Could Affect Your Personal Injury Case

How A Pre-Existing Condition Could Affect Your Personal Injury Case

Many different factors could impact the amount of compensation that you are awarded in your personal injury case. One of these factors is a pre-existing condition, which is an injury or other type of health condition that existed prior to the accident. Here’s how a pre-existing condition could affect your personal injury case:

Failing to Disclose Pre-Existing Conditions

Personal injury victims must inform the insurance company of any pre-existing conditions, regardless of whether or not they are related to the injuries you sustained in the most recent accident. If you fail to disclose a condition and the insurance company finds out, the insurance adjuster may question your honesty, which could impact how much they are willing to offer you.

Recovering Compensation With A Pre-Existing Condition

It’s often more difficult—but not impossible—to prove that you are entitled to compensation if you have a pre-existing condition. The key is being able to prove that the at-fault party either:

  • Caused the symptoms of your pre-existing condition to return or become worse, or
  • Caused a new injury that is unrelated to the pre-existing condition

Your attorney will rely on your medical records to prove that one or both of the above statements is true. For example, let’s say you were treated by a doctor for severe back pain five years ago. If you have not been treated for back pain since this time, and are now claiming that your back is injured again, this should be enough to prove that the symptoms returned because of the accident.

However, if you had been treated every few months for back pain since the injury first occurred, it will be harder to recover compensation. In this case, the only way to recover compensation would be to provide medical records that prove the injury you have been treated for over the last five years is worse now than it ever was before.

Claim Denial

Sometimes, a pre-existing condition may cause an insurance company to deny your claim. If you are unable to prove that the defendant caused your symptoms to worsen or a new injury, the insurance company may deny your personal injury claim, which means you would not be offered any compensation.

If you have a pre-existing condition, speak to the personal injury attorneys at Reisch Law Firm today. We will ensure that your pre-existing condition does not prevent you from recovering the compensation that you are entitled to after an accident. To schedule a free consultation, call 303-291-0555 or fill out this online form.