When you’ve been in a car accident, dealing with injuries can be stressful enough. But if you already had health issues before the accident, you might wonder if they’ll affect your claim. The truth is, pre-existing conditions can complicate things, but they don’t mean you can’t get compensation. Let’s break it down in a simple way to help you understand how this works and what you can do to protect your claim.
What Is a Pre-Existing Condition?
A pre-existing condition is any health issue you had before the accident. This could include:
- Chronic pain or injuries (like back pain or a knee injury)
- Previous surgeries
- Conditions like arthritis or migraines
How Do Pre-Existing Conditions Affect Your Claim?
Insurance companies often try to argue that your injuries were caused by your pre-existing condition, not the accident. This can reduce how much they’re willing to pay. However, the law protects you if the accident made your condition worse.
This is called aggravation of a pre-existing condition. For example:
- If you already had mild back pain, but the accident caused a herniated disc, the other driver’s insurance is responsible for the new injury and the worsening of your back pain.
What You Need to Prove
To win your claim, you’ll need to show:
- You had a pre-existing condition. Be honest about your medical history—hiding it can hurt your case.
- The accident made it worse. This is where medical records and doctor’s notes come in. Your doctor can explain how the accident aggravated your condition.
Steps to Strengthen Your Claim
- Get Medical Attention Right Away
- Seeing a doctor immediately helps document the injuries caused by the accident.
- Be Honest About Your Condition
- Don’t hide your pre-existing condition. It’s better to address it upfront with medical proof.
- Keep Detailed Records
- Gather medical records from before and after the accident to show how your condition changed.
- Work With Your Doctor
- Ask your doctor to write a report explaining how the accident impacted your health.
- Hire a Personal Injury Lawyer
- An experienced attorney can argue your case and counter the insurance company’s attempts to minimize your claim.
Common Questions About Pre-Existing Conditions
1. Will my pre-existing condition lower my settlement?
Not necessarily. If you can prove the accident made your condition worse, you’re entitled to compensation for that aggravation.
2. Can I still file a claim if my injuries aren’t new?
Yes, as long as the accident caused your condition to worsen, you have a valid claim.
3. What if I didn’t tell my doctor about my pre-existing condition?
It’s important to be honest with your doctor. They need your full medical history to accurately document how the accident affected you.
Wrapping It Up
Pre-existing conditions can complicate an auto accident claim, but they don’t have to stop you from getting the compensation you deserve. The key is proving how the accident aggravated your condition and being prepared with the right evidence.
If you’ve been in an accident and have a pre-existing condition, reach out to an experienced personal injury attorney. They can help you navigate the process, protect your rights, and ensure the insurance company doesn’t shortchange you.
Your health and well-being matter, and with the right steps, you can make sure your condition doesn’t hold you back from the settlement you deserve.
