Pre-Existing Conditions and Personal Injury Claims: What Are Your Rights?

Many individuals who have a pre-existing condition may hesitate to file a personal injury claim. However, you can still be entitled to compensation, even if you weren’t in perfect health prior to the accident. This is why it is important to understand how the law handles aggravation of pre-existing injuries. 

Pre-existing conditions are any injuries or illnesses that existed before the accident. Some examples of this include back problems, joint issues, arthritis, etc. Aggravation of a pre-existing condition refers to the worsening of a condition or illnesses that the plaintiff had prior to the accident. 

Proving the Accident Made Your Condition Worse 

Proving your condition was made worse from an accident can be difficult without proper documentation and other factors. When dealing with a personal injury claim and a pre-existing condition, you must consider the following factors.

• Clear medical documentation– Having clear medication documentation from both before and after your accident is important. 
• Doctor’s opinion– Your doctor’s opinion will play a large role in establishing aggravation.
• Timely treatment– It is crucial to seek medical treatment immediately after your accident to create a clear timeline.

Challenges You Might Face

Unfortunately, insurance companies may try to argue that your pain is from your pre-existing condition, and not the accident. It is important to be aware of the challenges you may face so you can stay ahead of it. 

• Extensive Medical History– You may be asked to provide this, as they’ll want to comb through it to find anything that could weaken your claim. 
• “Eggshell Plaintiff” Argument Denial– This is another common tactic where insurance companies will attempt to sidestep their responsibility by blaming your physical vulnerability. However, under New York law, defendants must take injured victims as they find them, even if you’re more susceptible to injury due to a pre-existing condition.

You deserve to be heard, and Gelbstein and Associates is here to help. We can present your medical history in a way that supports your claim. Ready to find out how we can help? Contact us at (855) LAW-2407 today, and you’ll receive a free consultation.