The Impact of Pre-Existing Conditions on Injury Claims

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Do you think having a health condition before your accident means you can’t win an injury claim?

That’s the biggest myth in personal injury law.

The truth is, 50% of the general population reports having at least one medical condition. If insurance companies could just wave their hand and deny every claim because someone had a previous health issue, most injury victims would never see a penny.

Here’s the reality:

Pre-existing conditions don’t disqualify you from compensation. They can actually make your case more complicated, but they can also work in your favor if you know how to handle them properly.

Here’s what’s coming up:

• Pre-Existing Conditions Explained Simply
• How Insurance Companies Try To Screw You Over
• What Insurance Companies Really Fear
• The Evidence That Wins Cases

Pre-Existing Conditions Explained Simply

A pre-existing condition is any health issue you had before your accident happened.

Pretty straightforward, right?

But here’s where it gets interesting…

Just because you had back pain before your car crash doesn’t mean the crash didn’t make it way worse. And just because you had diabetes before you slipped and fell at the grocery store doesn’t mean that fall didn’t cause a completely separate injury.

The key question isn’t whether you had a condition before.

The key question is: Did the accident make your condition worse or cause new problems?

Think about it this way. Let’s say you had mild back pain that you managed with occasional ibuprofen. Then someone rear-ends you at a red light. Now you need physical therapy twice a week and can barely get out of bed some mornings.

That’s not the same injury. That’s an aggravation of your pre-existing condition, and you deserve compensation for the difference.

How Insurance Companies Try To Screw You Over

Want to know the insurance company’s favorite trick?

They love to blame everything on your pre-existing condition.

Here’s their playbook:

• They’ll dig through your medical records looking for any previous injury or health issue
• They’ll argue that all your current pain comes from the old condition, not the accident
• They’ll try to get you to accept a lowball settlement by claiming you can’t prove the accident caused anything new

But here’s what they don’t want you to know…

Insurance adjusters aren’t doctors. They can’t determine what caused your injuries just by reading old medical records. And the law is actually on your side when it comes to pre-existing conditions.

The Eggshell Skull Rule Changes Everything

This might be the most important legal principle you’ve never heard of.

The “eggshell skull rule” says that defendants have to take their victims as they find them. Translation: If you’re more vulnerable to injury because of a pre-existing condition, that’s not your problem — it’s theirs.

Let’s say you have osteoporosis, which makes your bones more fragile. Someone crashes into your car and breaks your wrist. The fact that your bones are more likely to break doesn’t reduce their responsibility. They’re still liable for the full extent of your injury.

Pretty cool, right?

This rule protects people with pre-existing conditions from having their compensation reduced just because they were more susceptible to injury.

What Insurance Companies Really Fear

Here’s something most people don’t realize…

Having a pre-existing condition can actually strengthen your injury case.

Why?

People with ongoing health conditions usually have detailed medical records. They see doctors regularly and have a clear paper trail showing exactly what their condition was like before the accident.

This documentation becomes incredibly valuable when you need to prove how the accident changed your health.

If a personal injury lawyer can show that your back pain went from manageable to debilitating after the crash, that’s powerful evidence of what the accident actually caused.

The Evidence That Wins Cases

Building a strong case with pre-existing conditions requires the right approach.

You need to prove three things:

1. What your condition was like before the accident
2. How the accident changed your condition
3. The difference between your old limitations and your new ones

Medical Records Are Your Best Friend

Detailed medical records become crucial in these cases. You want documentation showing:

• Your treatment history before the accident
• The severity of symptoms before the accident
• New symptoms or increased severity after the accident

But here’s the kicker…

You can’t just dump medical records on someone’s desk and expect them to figure it out. You need medical experts who can explain the difference between your pre-accident and post-accident condition.

Expert Testimony Seals The Deal

Medical experts play a huge role in pre-existing condition cases.

These professionals can:

• Review your complete medical history
• Identify which injuries are new versus pre-existing
• Explain how the accident aggravated your existing condition

Think of them as translators. They explain complex medical information in terms that judges and juries can understand.

Common Pre-Existing Conditions That Complicate Claims

Some health conditions create more challenges than others.

The most common ones include:

• Back and spine problems – Tricky because new injuries often affect the same areas
• Arthritis – Joint conditions can be aggravated by trauma
• Previous head injuries – Traumatic brain injuries get complicated with concussion history
• Mental health conditions – Anxiety, depression, and PTSD can worsen after accidents

None of these should prevent you from pursuing a claim. They just require stronger medical evidence.

The Statistics Don’t Lie

Nearly 400,000 personal injury claims are filed annually across the United States. Out of those, about 95% end in pre-trial settlement rather than going to court.

What does this mean for people with pre-existing conditions?

Most cases get resolved through negotiation. And negotiations are exactly where having the right evidence and legal representation makes all the difference.

Motor vehicle accidents account for 52% of all personal injury cases, and many involve people who already had health conditions before the crash.

Mistakes That Destroy Cases

The biggest mistake people make with pre-existing conditions?

They try to hide them.

Some think if they don’t mention their previous surgery or ongoing migraines, the insurance company won’t find out. But they always do.

Insurance companies have access to medical record databases. When they find conditions you didn’t disclose, it destroys your credibility.

Be upfront from the start.

Other Critical Mistakes:

• Delaying medical treatment after the accident
• Skipping appointments or physical therapy
• Not documenting life changes
• Accepting the first settlement offer

Building Your Strongest Case

Success comes down to preparation and evidence.

Gather your complete medical history. Get records from every doctor you’ve seen.

Document how your life has changed. Keep a journal of pain levels and limitations.

Follow all medical advice religiously. Go to every appointment. Gaps in treatment give insurance companies ammunition.

Get legal representation early. These cases require specific strategies most people don’t have.

Wrapping Up Your Victory Plan

Pre-existing conditions don’t have to derail your injury claim.

Here’s the bottom line:

Having a health condition before your accident doesn’t disqualify you from compensation. What matters is proving how the accident made your condition worse.

The eggshell skull rule protects people with pre-existing conditions from unfair compensation reductions. With the right medical evidence and legal strategy, you can recover the compensation you deserve.

Don’t let insurance companies use your medical history against you. Be honest about your pre-existing conditions, gather strong evidence, and work with professionals who understand these cases.

Your pre-existing condition doesn’t make you worth less.