When pursuing compensation for injuries sustained in an accident, you may encounter hurdles due to health issues that existed before the incident occurred. Although the term “pre-existing condition” is commonly used to denote medical issues present prior to joining a health insurance plan, it also has a bearing on claims and lawsuits against a third party who may be at fault for your accident.

Pre-existing conditions can range from chronic diseases, such as diabetes, asthma or heart conditions, to prior injuries like a previous sports-related tear or a back issue from repetitive strain. Additionally, age-related conditions such as osteoporosis or degenerative disc disease can predispose individuals to harm. This can complicate damages claims, as it may be a challenge to distinguish the injuries caused by the accident from the lasting effects of other illnesses or syndromes. 

In the process of bringing an injury claim, full disclosure of your medical history is imperative. This disclosure is not only a requirement of most insurance policies but also a critical factor during evaluations by insurance adjusters or during legal proceedings. Concealing such information can lead to allegations of fraud, significantly jeopardizing the legitimacy of your claim.

Insurance companies and their legal teams often scrutinize pre-existing conditions, using them to challenge the claim. Their strategy typically involves suggesting that the current injuries are not a result of the accident but rather continuations or flare-ups of existing conditions. For example, if an individual with a prior back injury is involved in a vehicular collision and subsequently complains of back pain, the defense might argue that the pain was due to the prior condition.

However, claimants can strategically counter these challenges by demonstrating how the accident has aggravated their pre-existing conditions through increased pain, reduced mobility or heightened severity of symptoms. Substantiating such claims involves several key types of evidence:

  1. Medical documentation — Records from healthcare providers may detail the exacerbation of the condition. They may include treatment records, notes and observations that specifically address changes following the accident.

  2. Comparative medical records — Evidence from before and after the accident, such as MRI scans, X-rays and other tests, can illustrate the progression or intensification of the condition due to the accident.

  3. Expert testimony — Medical experts can offer insights into how an accident could likely worsen a pre-existing condition, showing a clear link between the incident and the aggravated symptoms.

An experienced personal injury attorney can help in demonstrating the distinction between pre-existing conditions and accident-induced injuries, emphasizing how the incident has detrimentally impacted your health beyond the pre-existing baseline. This approach not only strengthens the claim but also aids in securing a fair assessment and compensation for the injuries truly caused by the accident.

Massengill, Caldwell & Coughlin, P.C. in Bristol represents accident victims residing throughout the Tri-Cities area of Tennessee and Virginia. Call us 423-797-6022 or contact us online to schedule a free initial consultation.