Pre-Existing Medical Conditions Effect on an Injury Claim
Nearly everyone has suffered at least some kind of injury during their lifetime. According to the National Safety Council (NSC), about one in five Americans (63 million people) went to a doctor for an injury in 2022 alone.
While many of these injuries are minor, some may be serious and have lasting health effects. Either way, regardless of how severe your injury is, the fact that you had it makes it a “pre-existing medical condition” when pursuing an injury claim for a new injury.
If you have this injury in your medical records, it can make it harder to obtain full compensation for your current injuries.
At Gierth-Eddy Law Offices PLLC, we understand the struggle that often accompanies pursuing compensation with a pre-existing condition.
With over 75 years of combined experience, our personal injury attorneys in Kennewick, Washington, have represented countless injured victims throughout Washington. Many of our clients had pre-existing conditions, but it didn’t stop us from getting the full compensation to which our clients were entitled.
So, if you are filing an injury claim but worry about the potential impact of your pre-existing condition on the payout, let us help. We can employ our tried-and-tested tactics to secure the compensation you deserve.
What Is Considered a Pre-Existing Condition?
A pre-existing condition is any medical issue or injury that you had before the accident occurred. Common examples of pre-existing conditions include but are not limited to:
Previous back injuries, including chronic back pain
Asthma and other chronic respiratory conditions
Previous traumatic brain injuries, including concussions
Heart conditions such as heart attacks
Degenerative joint diseases
Diabetes-related complications
Anxiety disorder, depression, post-traumatic stress disorder (PTSD), and other psychological conditions
Insurance companies often scrutinize claims involving pre-existing conditions more intensely. They may argue that your current symptoms are due to your pre-existing condition rather than the accident.
That’s why you need to know your medical history before filing an injury claim and limit the insurer’s access to your medical records until you speak with an attorney. Refrain from signing a blanket medical release, which basically gives the insurance company access to your entire medical history.
Additionally, keep detailed records of all your past medical issues, as this documentation will be vital in proving how the accident exacerbated your existing condition.
What a Pre-Existing Condition Is in the Eyes of an Insurance Company
Insurance companies view pre-existing conditions as a way to minimize claim payouts.
They often employ strategies to argue that your current pain or disability stems from these pre-existing issues, not the recent accident. That’s because insurance companies are profit-driven businesses. They aren’t looking out for your interests. They care about their bottom line.
For example, if you had a back injury five years ago and recently hurt your back in a car accident, the insurance company might claim that your current discomfort is due to the old injury. They do this to shield themselves from liability and reduce their payout or even deny your claim altogether.
You need to be aware of these tactics. Being upfront about your medical history and providing detailed medical records to your attorney can thwart these efforts. Your attorney can help you put together a well-documented claim that can withstand any attack the insurer might try.
Do Pre-Existing Conditions Matter When Filing an Injury Claim?
The simple answer is, “Yes, pre-existing conditions do matter when filing an injury claim.”
However, contrary to what you might have read online or heard from your insurer, they don't automatically disqualify you from receiving compensation. Instead, the focus shifts to how the new injury has aggravated or worsened your pre-existing condition.
Insurance companies will look closely at your medical records. They’ll compare your condition before and after the accident to determine the extent of the aggravation. Therefore, the more meticulously your pre-accident symptoms and treatments are documented, the higher the chance that you’ll get a fair settlement.
If anything, having a pre-existing condition means you need to be more diligent and also careful during the claims process.
Keep all paperwork, attend all medical appointments, and follow your doctor's advice to the letter. Doing so will build a strong case that shows how the accident has negatively impacted your life.
What Do You Need to Demonstrate When Filing a Claim Involving a Pre-Existing Condition?
When pursuing an injury claim that involves a pre-existing condition, you can strengthen your case if you can demonstrate the following:
The effect of the new injury: To succeed in your claim, you need to clearly demonstrate how the new injury has affected your pre-existing condition. This involves showing a noticeable difference in your symptoms and overall health before and after the accident. You could use medical reports and expert opinions to accomplish this. Your healthcare provider can give a detailed account of how the new injury has worsened your condition. Additionally, you will need a personal journal documenting your pain levels, mobility issues, and other symptoms. This record will serve as a day-to-day account of how the new injury has impacted your pre-existing condition.
The impact on daily life: Another major aspect to demonstrate is how the aggravated condition affects your daily life. This includes your ability to work, perform household chores, and engage in recreational activities. The more detailed your account, the stronger your claim will be. Statements from family members, friends, and colleagues can also support your case, as their testimonies provide unbiased perspectives on how your life has changed since the accident. You can also submit financial records showing missed work or additional medical expenses to further strengthen your case.
While it is true that a pre-existing medical condition can affect your injury claim, it doesn’t make you any less entitled to compensation than someone in perfect health and free of any previous injuries.
Filing an Injury Claim With a Pre-Existing Condition? We Can Help
If you have a pre-existing medical condition and are in need of compensation for a new injury, you might worry that your previous injuries could disqualify you from insurance coverage. We know how insurance companies operate, so–unfortunately–your worries aren’t totally unfounded.
It’s true that your insurer could reduce the payout or deny coverage if it finds a pre-existing condition in your medical records. The solution? Get help from an attorney to ensure that you are not taken advantage of by the insurance company.
Our attorneys at Gierth-Eddy Law Offices PLLC can help you fight for the full compensation to which you are entitled. With offices in Kennewick and Yakima, we serve injured victims and their families throughout the state of Washington. Schedule your free consultation today and tell us your story.