The Possible Effects of Pre-existing Conditions on Your Accident Claim
If you have suffered injuries in an accident because of someone else’s negligence, you deserve compensation for your immediate and long-term losses. However, your ability to recover damages can be affected by the existence of pre-existing health conditions — that is, prior medical issues presenting symptoms similar to those claimed to have been caused by the accident. Insurance companies and their legal counsel often try to leverage the existence of such conditions to limit financial exposure.
Pre-existing conditions can range from chronic diseases such as diabetes, asthma, arthritis, or heart conditions, which persist over time, to prior injuries like a sports-related torn ligament or a back injury from heavy lifting. Additionally, age-related conditions such as osteoporosis or degenerative disc disease can predispose individuals to further harm. Any of these ailments can be cited as a prior condition.
An injured party’s disclosure of their medical history is a requirement of most insurance policies and also is a part of discovery in a lawsuit. During the claim process, insurance adjusters will scrutinize your medical background. They may argue that the injuries claimed are not a result of the recent accident but are merely symptomatic of existing conditions. For example, if an individual with a previous back injury from a fall later experiences back pain after a car accident, the defense might contend that the pain is a continuation of the earlier injury rather than a new issue.
However, claimants can strategically use information about their pre-existing conditions to strengthen their case. Claimants can demonstrate that the accident worsened their prior ailment through increased pain, reduced mobility or an aggravation of symptoms. Key evidence in such cases can include:
- Medical documentation — Records from healthcare providers can detail the treatment of the condition before and after the accident. These may include diagnostic images like MRI scans or X-rays and physician’s notes that highlight post-accident changes.
- Expert testimony — Medical experts can provide valuable opinions on how an accident could aggravate a pre-existing condition. These professionals can establish a causal link between the incident and the worsening of symptoms.
A skilled personal injury lawyer can effectively utilize this evidence to demonstrate a significant difference in the claimant’s health and capabilities before and after the accident. This approach helps substantiate the claim that the accident had a detrimental effect on the claimant’s condition, thereby supporting their case for a fair settlement. By carefully managing the presentation of pre-existing conditions, claimants can work towards securing the compensation they deserve.
The attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York have deep experience handling injury claims for clients in Suffolk County and across Long Island. To discuss your case and learn how we can help you, contact us online or call us at 631-360-0400.