How Your Pre-Existing Conditions May Affect Your Personal Injury Claim


Pre-existing conditions can significantly affect your personal injury claim. They can either increase the value of your claim or devalue it. Orange County Personal Injury Lawyers can tell you how pre-existing conditions may affect your claim. If you have suffered an injury due to someone else’s negligence, seek legal advice immediately.

How a Pre-Existing Condition Could Help or Hinder Your Injury Claim

The impacts of pre-existing conditions on injury claims may vary from case to case. Sometimes they can increase the value of a claim. Usually, a new injury worsens previous injuries and the victim may be eligible for compensation. Your lawyer can confirm this after consulting your treating physicians. Pre-existing injuries such as degenerative back conditions, neck injuries, back injuries, brain injuries, hernias and osteoarthritis can worsen due to new injuries.

But, your claim can also become complicated and lose value due to a pre-existing condition. An insurance adjuster will examine the pre-existing conditions and use them to question the legitimacy of your new injury. They may say that you were not injured as a result of the accident or that your pre-existing condition may have contributed to your accident.

Importance of having regular medical examinations

If your medical condition is well documented, a pre-existing condition may benefit your injury claim. When you file a personal injury claim, your treating physician will identify injuries caused by the accident, including pre-existing injuries that the accident made worse. Such an analysis is easier when your doctor has a medical history that he can compare with your state of health following the car accident. Without proper documentation of your pre-existing conditions after an accident, insurance companies can easily refute your claim.

Why you shouldn’t hide your pre-existing conditions

If your medical history or pre-existing condition is not well documented, you can try to hide it and include it in the injuries you stained in your accident. However, this will not benefit your claim. When the insurance company finds out about this pre-existing condition, it can outright deny your claim. Also, hiding an earlier condition may cause you to fail and you may face potential legal penalties due to the failure. Instead, you need to be honest about your pre-existing conditions when you see your lawyer, talk to an insurance adjuster, or see a doctor.

Your health is more important than anything. It is important to document your medical history, pre-existing condition, medical treatments, and possible rehabilitation services that you will need to help your lawyer establish the value of your claim.

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