Pre Existing

Pre-existing conditions can complicate injury claims, but they do not prevent recovery. If an accident worsens a prior injury, compensation may still be available for aggravation or acceleration of that condition. Insurance companies often argue that symptoms stem from prior medical issues rather than the accident itself. However, the law generally allows recovery when a negligent act aggravates a pre-existing condition. Medical records comparing pre- and post-accident status are essential in proving worsening symptoms. Physicians may provide opinions regarding causation and increased impairment. While pre-existing conditions may reduce settlement value in some cases, they do not eliminate liability when the accident clearly worsened health outcomes. Detailed medical documentation and expert evaluation are critical to overcome insurer arguments.

What to Do Next

Gather prior and current medical records, obtain physician opinions on aggravation, and avoid statements that minimize accident-related worsening.

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