Car accidents can lead to serious injuries, but when someone has a pre-existing condition, receiving fair compensation can become even more challenging. Insurance companies often scrutinize claims involving prior medical issues in hopes of minimizing compensation. Knowing how these conditions affect a claim can help you seek fair compensation for injuries sustained in a collision.
How Do Pre-Existing Conditions Affect a Car Accident Claim?
A pre-existing condition is any medical issue that existed before the accident. Examples include chronic back pain, arthritis, and prior surgeries or injuries. When an accident aggravates a pre-existing condition, the insurance company may argue that the injury is not related to the collision.
The law generally recognizes that individuals should not be penalized for conditions that make them more vulnerable to injury. In theory, a person with a pre-existing condition has the right to recover damages if an accident worsens their condition. However, proving that an accident aggravated a condition requires medical evidence and thorough documentation.
Can an Insurance Company Deny a Claim Due to a Pre-Existing Condition?
An insurance company cannot deny a claim solely because an individual had a pre-existing condition, but it may attempt to reduce the amount paid. Insurers often argue that medical issues existed before the accident and that the crash did not cause further harm. They may also request extensive medical records to find evidence that limits their financial responsibility.
What Evidence Can Help Strengthen a Claim Involving a Pre-Existing Condition?
Medical records are one of the most important forms of evidence in a case involving a pre-existing condition. These records should include documentation of the condition before and after the accident, physician assessments, and any changes in symptoms following the crash.
Statements from medical professionals can also support a claim. A doctor can provide an opinion on how the accident impacted the pre-existing condition and whether new injuries resulted from the collision. Consistent treatment after the accident further supports a claim, as gaps in care may be used by insurance companies to dispute the severity of injuries.
Testimony from family members or coworkers can also help establish changes in physical condition and daily activities following an accident. If you were able to work or perform specific tasks before the accident but can no longer do so, this information can demonstrate the impact of the injuries.
What Steps Should Be Taken After an Accident if a Pre-Existing Condition Exists?
Seeking immediate medical attention after an accident is important, regardless of any pre-existing conditions. A physician can assess injuries and determine whether the accident worsened prior medical issues. It is also important to follow all recommended treatments and attend follow-up appointments to establish a clear record of medical care.
We recommend informing your physician about your prior condition. That way, they can accurately document symptom changes. However, it is important to provide only the necessary medical history to insurance companies, as they may attempt to use that information against you.
It is wise to consult with our Chester County car accident lawyers before contacting your insurer. Saying the wrong things can jeopardize your claim; you might admit to something without meaning to. Our legal team knows how to handle insurance adjusters and protect client rights, and we can also help with investigations, evidence gathering, and negotiations. If necessary, we are prepared to represent you in court.
Let the Experienced Chester County Car Accident Lawyers at Eckell Sparks Fight to Protect Your Rights
A pre-existing condition should not prevent you from recovering compensation after a car accident. The seasoned Chester County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can assess the details of your case and determine your legal options. For a confidential consultation, submit our online form or call our Media and West Chester, Pennsylvania, offices at 610-565-3701. We proudly serve clients in Delaware County, Chester County, and Montgomery County.