If you were hurt in an accident and aggravated a pre-existing condition, it’s understandable to worry about how it can impact your personal injury claim. Insurance companies will fight to deny compensation to personal injury victims with pre-existing conditions, and they often aren’t above misusing your medical history to protect their bottom lines.
However, the law still includes protections for pre-existing conditions, and a skilled attorney can use them to help you secure the compensation you deserve. On this page, the knowledgeable team at DiBella Law Injury and Accident Lawyers will explain how pre-existing conditions affect personal injury claims and how to build a successful case when an older injury is involved.
On This Page
- What Is Considered a Pre-Existing Condition in a Personal Injury Claim?
- How Pre-Existing Conditions Impact Injury Compensation
- What To Do if You Have a Pre-Existing Condition and Are Injured Further in an Accident
- How To Prove That an Accident Aggravated Your Pre-Existing Condition
- The Legal Framework That Guides Settlement for Pre-Existing Conditions
- Pre-Existing Conditions FAQs
- Speak to a Massachusetts Personal Injury Attorney Today
What Is Considered a Pre-Existing Condition in a Personal Injury Claim?
In Massachusetts personal injury law, a pre-existing condition is defined as any injury, illness, or health issue that existed before an accident. Over time, many people develop lasting effects from prior injuries or the cumulative effects of everyday wear and tear. While some injuries heal completely, others can continue to cause problems for years.
A pre-existing condition can make a personal injury claim more challenging, particularly when the insurance company argues that the accident did not cause new harm. However, having a prior condition does not prevent you from recovering compensation if the accident aggravated that condition or caused additional injuries.
Types of Pre-Existing Conditions
While you might assume that the term “pre-existing condition” only includes physical injuries, that is not always the case. Multiple types of health conditions can be aggravated by an accident, keeping them from healing properly or making them more painful to live with. Some examples include:
- Chronic conditions: Persistent health issues like asthma, migraines, and heart disease can be worsened by the impacts of an accident.
- Old injuries: Previous bodily harm, such as bone fractures, muscle tears, or traumatic brain injuries, can be re-aggravated in a car crash or similar accident.
- Degenerative conditions: These include medical conditions that are expected to worsen gradually over the course of a person’s life, such as degenerative disc disease, arthritis, or osteoporosis. A personal injury can accelerate the progression of these conditions.
- Mental health issues: If you’re already suffering from a condition like post-traumatic stress disorder (PTSD), anxiety, or depression, the impacts of an injury accident can exacerbate the effects of your illness.
Following a serious accident, it is important to speak to your doctors about any pre-existing conditions you are dealing with. They can work with you to develop a treatment plan that helps you heal from both your accident-related injuries and pre-existing conditions.
How Pre-Existing Conditions Impact Injury Compensation
Insurance companies often point to a pre-existing condition while attempting to reduce or deny a personal injury claim, arguing that the victim’s condition wasn’t changed by the accident. Thankfully, the law allows you to recover compensation for the aggravation or worsening of a pre-existing condition.
By analyzing your medical records, your attorney can show the differences in your condition before and after the accident. Changes in symptoms, treatment, and medical needs related to a pre-existing condition are critical evidence for proving damages and recovering compensation.
What To Do if You Have a Pre-Existing Condition and Are Injured Further in an Accident
If you’re injured in an accident and have a pre-existing condition, the most important thing you can do is seek immediate medical care. The discrepancy between your existing symptoms and what you experience after your injury can be some of the most important evidence in a successful case, so begin taking thorough notes on any new or worsening symptoms. Keep any new medical records you receive and gather as many existing ones as you can.
Make sure to avoid interacting with or giving detailed statements to insurance companies before getting a lawyer. Insurers will use anything you tell them against you in an effort to minimize what they owe. It’s critical to consult with an experienced personal injury lawyer as soon as you can to start building a strong case.
How To Prove That an Accident Aggravated Your Pre-Existing Condition
Prevailing in a personal injury claim with a pre-existing condition requires proving that the at-fault party’s actions made your health problems worse, which is best achieved by comparing medical records from before and after the accident. Your doctor can help document the aggravation of your condition by conducting exams and imaging tests, taking notes on any changes in your symptoms and treatment needs.
Testimony from independent medical experts can also serve as critical evidence to strengthen your case, drawing connections across the medical documentation to illustrate how and why the accident has worsened your pre-existing condition.
The Legal Framework That Guides Settlement for Pre-Existing Conditions
When pre-existing conditions are involved, two legal frameworks help to protect injury victims in different situations. While both give the victim a path to recovering compensation for the aggravation of an existing injury, they each have different nuances that are important for a claimant and their attorney to understand.
The Eggshell Skull Doctrine
The “eggshell skull doctrine” states that the person responsible for an accident is liable for any injuries a victim suffers, even if a pre-existing condition made that victim more likely to suffer a serious injury when compared to the average person.
A “thin skull” might be easier to damage than an average one, but would not have been damaged without the actions of another. Under the eggshell skull doctrine, the at-fault party does not get to pick the type of victim they injured, but instead must provide compensation for all injuries they caused, no matter how extensive.
Pre-Existing Conditions FAQs
Can You Get Workers' Comp for a Pre-Existing Injury?
Yes, workers’ compensation is often available for pre-existing conditions that are aggravated on the job. Our experienced attorneys can help evaluate whether you have a valid case.
What if My Pre-Existing Condition Was Not Previously Diagnosed or Treated?
The lack of a diagnosis can make getting compensation for a pre-existing condition more difficult, as you likely won’t have much of the medical documentation that’s key to proving that your condition was aggravated by the accident. However, that doesn’t mean it’s impossible to build a successful case. Our team can help walk you through your legal options.
Are There Specific Legal Challenges When Claiming for Aggravated Pre-Existing Conditions?
When making a personal injury claim involving a pre-existing condition, it’s critical to show that the accident worsened your symptoms. However, this can be very difficult without thorough medical documentation, and insurance companies will push back on anything you can’t definitely prove.
Speak to a Massachusetts Personal Injury Attorney Today
If you’ve been hurt in an accident and have a pre-existing condition, the trusted personal injury attorneys with DiBella Law are ready to help. With over 20 years of experience, our team is well-versed in the claims process and understands the intricacies of these cases. We can work with your doctors to prove that the accident aggravated your condition and negotiate fearlessly with insurers to secure the compensation you deserve.
We’re here to make the toughest time in your life easier. Contact us online or call 855-342-3552 (855-DiBella) today to get started with a free consultation.