Car accidents are stressful enough without worrying about how your pre-existing health conditions might affect your injury claim. If you were already dealing with a medical issue before the accident, you might be wondering: “Will the insurance company still cover my injuries? Will they try to deny my claim?”
The good news is that having a pre-existing medical condition does not disqualify you from seeking compensation. However, insurance companies often use pre-existing conditions in car accident claims as an excuse to reduce or deny payouts. That’s why understanding your rights and taking the right steps after an accident is so important.
At Edwards Injury Law, we help accident victims address these challenges and fight for the full compensation they are entitled to. If you have a pre-existing condition and were injured in a crash, here’s what you need to know.
What Is a Pre-Existing Condition?
A pre-existing condition is any injury, illness, or medical issue that existed before your car accident. Some common examples include:
- Neck injuries
- Previous fractures
- Herniated discs or degenerative disc disease
- Spinal cord injuries
- Arthritis or joint problems
- Prior concussions or traumatic brain injuries
- Fibromyalgia or other chronic pain conditions
- Asthma or respiratory issues
These conditions don’t prevent you from filing a claim, but they can make the process more complicated. Insurance companies often try to argue that your injuries were not caused by the accident but were simply a continuation of your past medical issues.
The “Eggshell Plaintiff” Rule: Why Pre-Existing Conditions Shouldn’t Hurt Your Claim
The eggshell plaintiff rule is a legal principle that protects an injured party with a pre-existing condition. In simple terms, it means:
- The at-fault driver is responsible for your current injury or injuries, even if you are more vulnerable due to a pre-existing condition.
- If the accident made your condition worse, you can still recover compensation for the additional harm you suffered.
For example, let’s say you had mild back pain before the accident, but after the crash, it turned into severe pain requiring surgery. The insurance adjuster can’t deny your claim just because you had a prior back issue. If the accident worsened your condition, you have the right to seek damages in a personal injury lawsuit.
How Insurance Companies Use Pre-Existing Conditions Against You
Even though the law protects injured victims, insurance companies still look for ways to reduce their payouts. If they discover a pre-existing condition in your medical history, they may:
- Blame your injuries on your prior medical condition instead of the accident.
- Argue that your symptoms would have happened anyway, even without the crash.
- Request old medical records to find any reason to minimize your insurance claim.
- Offer a lower settlement, hoping you won’t challenge it.
This is why having strong medical evidence and legal support is so important. A skilled car accident attorney can help prove that your injuries were caused or worsened by the crash, making it harder for the insurance company to deny your personal injury claim.
What to Do If You Have a Pre-Existing Injury
If you have a medical history that could be used against you, taking the right steps after an accident can make or break your case. Here’s what you should do.
Get Medical Treatment Immediately
Even if you feel “okay” after the accident, don’t wait to see a doctor or go to urgent care. If your pre-existing injury gets worse, you’ll need clear medical records showing how the accident affected you.
Tell your medical provider:
- How you felt before the accident.
- How your symptoms changed after the crash.
- Any new pain, stiffness, or limitations you’re experiencing.
Having a doctor confirm that the accident exacerbated your condition can make your case much stronger and help refute suggestions to the contrary.
Be Honest About Your Medical History
Some people worry that disclosing a pre-existing condition will hurt their personal injury claim, but hiding it is worse. Insurance companies will dig through your records, and if they find out you weren’t truthful, they may deny your claim altogether. Instead, be upfront with your doctor and personal injury attorney about your medical history. That way, they can help you build a strong case showing how the accident worsened your condition.
Don’t Sign Anything Without Talking to a Personal Injury Lawyer
Insurance companies may ask you to sign medical release forms that give them access to your past medical care records. While they are entitled to some information, they don’t need unlimited access to your full medical history. A car accident lawyer can help limit what records the insurer sees, so they can’t twist unrelated past health issues against you.
Gather Strong Medical Evidence
Medical records are key to proving your injuries. If possible, obtain the following:
- Before-and-after medical reports showing changes in your condition.
- Statements from medical professionals confirming that the accident aggravated your condition.
- Imaging tests (MRIs, X-rays, etc.) showing new or worsened physical injuries.
- Physical therapy records that document your recovery progress.
This evidence from medical experts can make it harder for the insurance company to argue that your symptoms aren’t related to the crash.
Work With an Experienced Car Accident Attorney
Fighting an insurance company on your own, especially when pre-existing conditions are involved, can be tough. An experienced lawyer can:
- Negotiate on your behalf to prevent lowball settlements.
- Prove that the accident made your condition worse.
- Challenge unfair denials or delays.
- Fight for full compensation for medical bills, lost wages, and pain and suffering.
At Edwards Injury Law, we know how insurers operate, and won’t let them take advantage of you just because you had a prior condition. As your legal representation, we will demand and fight for every dollar you’re owed.
What Compensation Can You Recover?
Even if you had pre-existing conditions when you made a car accident claim, you may still be eligible for compensation, including:
- Medical expenses (past and future)
- Physical therapy and rehabilitation costs
- Lost wages if you’re unable to work
- Pain and suffering for increased discomfort
- Disability or reduced quality of life
The key is proving that your previous injuries were made worse by the crash, which an experienced attorney can help you do.
Don’t Let the Insurance Company Take Advantage of You
Having a pre-existing condition shouldn’t stop you from getting the financial compensation you need after a car accident. If your injuries worsened because of the crash, the negligent driver is still responsible, and we’re here to help you secure a fair settlement.
At Edwards Injury Law, we fight for accident victims, even when insurance companies try to play dirty. If you’re dealing with a pre-existing condition in a car accident claim and need legal guidance, our personal injury law firm is ready to stand up for you. For more information or to schedule a free consultation, contact us online or call 866.607.6211. Let’s make sure you get the fair compensation you deserve.
Related: Navigating Insurance Bad Faith in Car Accident Settlements
