preexisting conditions in a car accident claim

Preexisting Conditions When You’re in Car Accident Cases

When you already suffer from an injury, illness, or a pre-existing health issue, sustaining further injuries in a car crash can have an exacerbating impact on your health. We will discuss in how a preexisting condition may influence your car accident claim and how you may recover the full and rightful compensation for your damages.

Pre-existing Conditions that May Worsen in an Auto Accident

The physical trauma from a car accident can have an adverse impact on a number of different preexisting conditions, including but not limited to:

  • Knee and shoulder injuries
  • Back problems
  • Fractures, sprains, and strains
  • Arthritis
  • Brain injuries
  • Degenerative disc disease
  • Herniated disc
  • Fibromyalgia
  • Hernia
  • Anxiety, depression, and PTSD

Why You Should Disclose Your Pre-existing Condition

In some cases, car accident victims might be tempted to hide their pre-existing condition from the at-fault party or their insurer. However, your failure to acknowledge your pre-existing condition can cause more complications and even result in losing out on compensation for your claim.

On the other hand, being forthright about your preexisting medical conditions and explaining how they have worsened due to your accident is more likely to help you recover the compensation you deserve.

A visit to a doctor who can authenticate the effects of the accident on your preexisting condition, along with the documentary evidence to back the claim is the best approach for proving your claim.

Noting down any adverse impact of the accident on your quality of life, as compared to your lifestyle prior to the accident, might also help your case. For example, documenting any regular physical activity that you are no longer able to carry out due to an aggravated injury.

How Can You Recover Compensation with A Pre-existing Condition?

Car accidents often have a detrimental impact on preexisting conditions. If you are the victim of a car accident, do not let your preexisting condition stop you from pursuing compensation.  

Although it may be true that you already suffered from an illness or carried an injury, that does not imply that the at-fault driver responsible for causing the accident cannot be held liable for making your preexisting condition worse by their negligent action.

You may be legally entitled to claim damages if an accident worsens or accelerates your preexisting condition. An experienced personal injury attorney who is adept at handling such cases can demonstrate that the recent injuries you sustained in the accident led to the worsening of your existing condition.

How Insurance Companies Will Try to Limit Your Compensation?

Insurance companies can go to many lengths in their attempts to limit or lower your compensation claim after an accident. The insurance company will thoroughly scrutinize your claim once it is submitted, with their investigators probing into your medical history in order to analyze and question your injuries.

If they are able to gain access to your entire medical history, insurance companies will often decline the claim for your accident injuries if they find any evidence of you having suffered from a similar injury in the past. One of the ways they limit or deny your claim is by categorizing your injuries as preexisting conditions and refusing to pay for them.

The insurance company will put forth the argument that your injuries were sustained prior to the accident, thus making them not liable for your compensation claim.

How an Experienced Attorney Can Help You Deal with Insurance Companies?

An insurance company, not unlike other businesses, wants to boost its profits by paying out as little as it possibly can in accident compensation claims. Your preexisting condition provides them an excuse to pay out a compensation amount that is much lower than you deserve or deny your claim outright.

Under these circumstances, especially with a preexisting condition, it becomes vital that you speak to a seasoned car accident attorney immediately after your car crash. Having skilled legal counsel in your corner fighting for you will make a huge difference.  

When you hire a lawyer, they will review your medical history to collect information on all aspects of the case, so they can build the strongest possible claim. It’s crucial for you to be honest regarding your medical history with your attorney and disclose everything.

Seek Legal Help After Your Car Accident in Mississippi

If you were involved in a car accident that worsened a preexisting medical condition and the insurance company is trying to deny your rightful claim, the car accident lawyers at Gardner Law Firm are here to help and guide you.

With millions of dollars in verdicts and settlements recovered for our injured clients, our attorneys handle every case with confidence, experience, and care. Our personal injury lawyers will protect your rights and recover the money you deserve.

Contact us for immediate legal assistance by calling 228-900-9618 or messaging us online.