After a motor vehicle accident, insurance companies look for ways to reduce the amount they have to pay. One of the most common tactics is arguing that a person’s injuries were not caused by the accident but instead stem from pre-existing conditions. A lawyer, like an MVA accident lawyer, knows that if you have a history of back pain, arthritis, prior surgeries, or any other medical issue, insurers may try to use that against you. However, having a pre-existing condition does not mean you cannot recover compensation.
The Difference Between A New Injury And An Aggravated Condition
A key factor in an MVA claim is whether the accident caused a new injury or worsened an existing one. If you had no prior history of pain or medical treatment before the accident, it is easier to show that your injuries were directly caused by the crash. However, if you had a pre-existing condition, you may need to prove that the accident made it worse.
Medical records play an important role in making this distinction. If you were receiving treatment before the accident, comparing past medical records to post-accident evaluations can help show the difference in your condition. A doctor’s statement explaining how the accident impacted your health can also be useful. Your lawyer understands it is crucial that you get the care you need, whether that’s care through hospital visits, physical therapy, rehabilitation, or chiropractic care.
The Eggshell Plaintiff Rule
In many cases, personal injury law follows what is known as the “eggshell plaintiff” rule. This means that a person injured in an accident must be taken as they are. If an individual is more vulnerable due to a pre-existing condition, the at-fault party is still responsible for the harm caused by the accident. An insurance company cannot deny compensation simply because someone had a prior injury or condition that made them more susceptible to harm.
Common Pre-Existing Conditions That Can Impact A Claim
Some of the most common conditions that insurance companies focus on include:
- Back and Neck Problems. If you have a history of herniated discs, chronic pain, or prior spinal injuries, insurers may argue that your current symptoms were already present before the accident.
- Arthritis and Joint Issues. Pre-existing arthritis or joint degeneration can be used to claim that your injuries were not directly related to the crash.
- Previous Surgeries. If you have had surgery in the past, an insurance company may try to shift blame for your pain to the prior procedure rather than the accident.
- Head Injuries. If you have a history of concussions or migraines, it can be more challenging to prove that a recent head injury was entirely caused by the accident.
How To Strengthen Your Claim
Keeping a record of doctor visits, treatments, and medical opinions can help show how the accident affected your health. Statements from medical professionals that explain how the accident aggravated your condition can be useful. Test results, imaging scans, and pain journals that track your symptoms before and after the crash can also support your case.
Seeking Fair Compensation
Even with a pre-existing condition, you have the right to seek compensation if an accident worsens your health. Attorneys like those at Wandres Law, PC can attest that clear medical evidence is one of the best ways to strengthen your claim. While insurance companies may try to minimize your claim, proper documentation and legal support can help you pursue fair compensation for medical costs, lost wages, and pain related to your injuries. To see how a lawyer can help your claim, reach out to your local law office.