Yes, having a health problem before your accident will affect your injury claim, but not the way insurance companies want you to think. It doesn’t automatically mean you can’t get compensation or that you’ll get less money.
What really matters is proving that the accident made your condition worse—this is called “aggravation.” If you’re worried about how your medical history might affect your claim, call Flora Templeton Stuart Accident Injury Lawyers for a free consultation.
What You Need to Know
Insurance companies dig into your medical past to pay you less. They’ll argue that your pain comes from an old injury, not the recent accident. But that doesn’t make them right.
Showing the change is what matters. Good medical records from before and after, doctor statements, and your own story help prove the accident made things worse.
Why Insurance Companies Dig Through Your Medical History
When an insurance adjuster starts asking about your past, it’s a plan to pay you less money. They’re looking for anything that sounds similar to your current injury. If you mentioned a sore back five years ago, they’ll use it to say your herniated disc today isn’t from the car crash.
Common Things Insurance Adjusters Say
- “This is just your old arthritis acting up.” They suggest the accident didn’t cause a new injury, just a temporary flare-up.
- “Your records show you’ve had back pain before.” They use general statements to make it sound like your condition was already serious, even if it was minor and manageable before.
- “You would’ve needed this surgery someday anyway.” They argue the accident didn’t create the need for surgery, it just moved up the timeline.
Insurance companies are businesses trying to make money. They investigate thoroughly, looking for any reason to say your injuries aren’t related to the accident. The bottom line is, you’re not punished for having a medical history. A personal injury claim focuses on what changed after the accident. The person who caused the accident is responsible for making your condition worse.
Proving the Accident Caused Harm
The key to winning your claim is building a clear story that shows the difference between your “before” and “after.” We do this by carefully documenting how your condition changed.
Understanding the Difference
- Aggravation: A condition you already had gets noticeably worse. For example, your manageable arthritis becomes severe and painful, making it hard to walk. You get paid for the increase in pain, medical bills, and new limitations.
- New Injury: An injury that’s completely new or affects a different part of your body.
- Waking Up a Sleeping Problem: You might have had a condition that wasn’t bothering you (like a bulging disc you didn’t know about) that became painful because of the accident. Legally, this usually counts as a new injury.
Building Your “Before-and-After” Story
Courts and insurance companies rely on medical records from before and after the accident. We tell your story with clear evidence:
- Medical Records: We study your records, finding notes saying your condition was “stable” or “managed” before the accident, then compare those to notes saying “severe” and “debilitating” after.
- Your Own Story: Could you work a full day before but now only manage a few hours? Could you pick up your grandchildren but can’t anymore? We help you document these specific changes in your daily life.
- Expert Doctor Opinions: Your treating doctor or an independent medical expert states with medical certainty that the accident directly caused your condition to get worse. This expert opinion is usually what convinces an insurance company or jury.
The Evidence That Wins Cases
A strong claim is built on clear, organized evidence. Here’s what we collect:
- Complete Medical History: All records about your pre-existing condition, even from years ago. Being honest makes you more believable.
- Medical Records After the Accident: Everything from the emergency room visit to ongoing physical therapy shows how serious the injury is.
- Medical Imaging: Comparing new MRIs or X-rays to older ones provides strong proof your condition changed.
- Letters from Your Doctors: A letter from your doctor explaining your health before the accident is extremely valuable.
- Pharmacy Records: Shows you took little medication before but now need serious pain management.
- Stories from Friends and Family: People who’ve seen the changes in what you can physically do add a human side to your claim.
Common Questions
Can My Health Insurance Refuse to Pay Because of the Accident?
Your health insurance should cover your initial medical bills. However, they may want to be paid back from your final settlement. Our lawyers will handle these negotiations to help you keep as much money as possible.
What If I Don’t Have a Regular Doctor or Much Medical History?
The medical records created right after the accident become even more important. The emergency room diagnosis establishes what happened from the accident itself.
Could My Pre-Existing Condition Actually Increase My Settlement?
Sometimes, yes. If the accident took a minor, manageable condition and turned it into a permanent, life-changing disability, you may deserve much more money. The settlement is based on how much harm was done.
Your Past Doesn’t Define Your Future
You’re not to blame for having a medical history, and you shouldn’t pay out of pocket when someone else’s carelessness makes it worse. One phone call is all it takes to get started. Call Flora Templeton Stuart Accident Injury Lawyers at 888-782-9090 24/7 or fill out our online form for a free consultation from one of our experienced attorneys who care.
