The Effect of a Pre-existing Condition on an Accident Injury Claim

The term "pre-existing condition" applies to any medical issue that preceded the incident leading to the claim. A pre-existing condition may include a previous injury to the same body part injured in your accident. Either way, it can influence the legitimacy of a claim and the potential for compensation.

When a person files a claim for injuries sustained in an accident, insurance companies and defense lawyers often investigate the claimant's medical history. Their goal is to identify any pre-existing conditions that could be argued to have caused the symptoms attributed to the recent accident. This strategy is employed to limit their financial exposure by suggesting that the accident had little to no effect on the claimant's health. For instance, if someone with a history of back issues claims a back injury post-accident, the defense might contend that the current pain and suffering are merely continuations of the previous condition, rather than results of the accident.

The plaintiff’s attorney in a personal injury case must establish that the accident either directly caused new injuries or aggravated existing conditions. This involves the following strategies:

1. Medical evidence — Collecting detailed medical records from before and after the accident is essential. These documents can help illustrate how the claimant's health status has worsened due to the accident. Expert testimony from medical professionals can also clarify how specific injuries were exacerbated by the incident.

2. Distinguishing conditions — The injuries directly caused by the accident must be differentiated from ongoing symptoms of any pre-existing condition. This requires thorough medical evaluations aimed at pinpointing the exact effects of the accident on the individual’s health.

3. Legal arguments — Personal injury attorneys might invoke the "eggshell plaintiff" rule, which asserts that a defendant must accept the victim in their existing condition. If a pre-existing condition makes someone more prone to injury, the defendant is still liable for all injuries caused by their actions, regardless of the victim's vulnerability.

Despite how pre-existing conditions can complicate a claim, they do not automatically prevent a claimant from prevailing. With the aid of a qualified personal injury attorney, individuals can surmount these complexities and make a case for how the current accident impacts their baseline health, including by exacerbating their pre-accident medical issues.

The law firm of Rich & Rich, P.C. represents injured victims of accidents throughout the New York metropolitan area. We have offices in Midtown Manhattan and Roslyn Heights, Long Island. Call us at 917-746-3358 or contact us online to schedule a free consultation