Preexisting Conditions in an Injury Claim

Published on: 12/18/23 — In 

A preexisting condition is an injury, illness, or disease that occurred before the accident. To be eligible for compensation, the claimant must prove that the incident did not worsen their preexisting conditions in an injury claim.

Preexisting conditions complicate injury claims because it's hard to determine the extent of the injury caused by the accident. Insurance companies may argue that the injury was preexisting, not caused by the incident. They may only compensate for additional injuries, not preexisting conditions.

Claimants may require medical records and testimony from professionals. A skilled personal injury lawyer can assist in negotiating a fair settlement for the injured party, even in cases involving previous injuries.

Contact Ktenas Injury Attorneys, experienced Chicago personal injury lawyers, at 312-300-2515 for further information about potential legal action and legal advice.

What is a Pre-Existing Condition?

Before making an injury or accident claim, it's crucial to understand that a pre-existing condition refers to an injury or illness that a person already had. This condition can have an impact on the outcome of legal proceedings and may limit the amount of damages awarded.

a woman holding her leg after a car accident

Pre-existing conditions can encompass physical or mental health issues, chronic illnesses, prior injuries, or disabilities. When calculating damages, it's important to take into account the aggravation of a pre-existing condition.

How Does it Affect Injury Claims?

Pre-existing conditions can affect injury claims differently than injuries caused by the incident. They existed before the injury and may have worsened it. When filing a claim, consider the impact of pre-existing conditions. The insurance company may argue that the injury was pre-existing to minimize insurance claim liability. To prove otherwise, provide medical records and professional testimony. Include the pre-existing condition's diagnosis, duration, and aggravation by the accident.

Insurance Company and Pre-Existing Conditions

Pre-existing conditions can affect injury claims, as insurance companies may deny coverage or reduce compensation based on them. It's important for individuals seeking fair compensation and protecting their rights to understand how insurance companies view pre-existing conditions.

Insurance Companies and Pre-Existing Injuries or Medical History

Insurance companies factor in pre-existing injuries or medical history when assessing claims. If a pre-existing condition caused or contributed to an injury, the insurance company may not cover all expenses. For example, if someone has a history of back pain and is in an accident that worsens it, the insurance company may only cover a portion of the costs.

It's worth noting that pre-existing conditions can still be part of a settlement, even without proof of aggravation.

Insurance Adjusters and Fair Settlement for Pre-existing Conditions

Insurance adjusters have a challenging job. They determine the amount of money to give to injured individuals. This can be difficult if the injured person has previous conditions. Adjusters consider many factors to ensure a fair settlement.

When determining a settlement for pre-existing conditions, insurance adjusters may consider the following factors:

  • The severity of the preexisting condition
  • The extent to which the condition was exacerbated by the accident
  • History of medical treatment related to the condition
  • Documents and testimony from medical professionals
  • Any changes in lifestyle caused by the preexisting condition

Personal Injury Attorney and Pre-Existing Conditions

If you get hurt because of someone else's negligence, you can file a personal injury claim. You have to prove that the other party was negligent and that their negligence caused your injury. It can be more complicated if you have pre-existing medical conditions.

a person holding their knee due to a pre-existing injury

To get full compensation, you need a good personal injury attorney. They can prove that the fault party caused your injury and made your pre-existing injury worse. They can also negotiate with insurance adjusters for a fair personal injury lawsuit settlement.

How Can an Accident Victim with a Pre-Existing Condition Get Fair Compensation?

Pre-existing conditions are injuries or illnesses that existed before an accident. Victims with pre-existing conditions can still make injury claims, but it can be harder.

The injury victim must disclose their original injury, get immediate medical treatment, and keep records of all related medical expenses and evidence from medical experts. This evidence can prove that the wrongful actions of the at-fault party in the accident worsened or aggravated their injuries and that they deserve fair compensation. They may also need evidence of any changes in lifestyle or financial losses due to their pre-existing condition.

Medical Records: Impact on Injury Claims

Medical records are crucial for injury claims. They determine the outcome and serve as evidence for preexisting conditions. These conditions can complicate matters due to their connection to prior health issues.

Medical records prove the severity and impact of the condition, as well as any lifestyle or financial changes. Collecting all relevant records related to aggravated injuries before filing an injury claim is essential for an accurate medical history.

The Importance of Updating Medical Records Before Filing a Claim for Compensation

If someone is injured before filing a compensation claim, they need accurate medical records. Updating records is important to prove the injury was worsened by an accident. Even after filing a claim, records should still be updated to show changes in life or financial losses caused by the condition.

a woman looking at her x-rays after a car accident

This is important for those with pre-existing conditions, as insurance companies may argue they are unrelated. Updated records increase the chances of a fair settlement.

What Information is Necessary to Document the Condition Worse Than Before the Accident?

Proper documentation is crucial to make a successful claim for a worsened preexisting condition due to an injury. This includes medical records, doctors' notes, and diagnostic test results. Keeping a pain diary or journal can also help.

Claimants should provide evidence of lifestyle or financial losses, such as decreased work hours or wages, medical bills, and expenses. Emotional distress and decreased quality of life should also be documented for a fair settlement.

Call Ktenas Injury Attorneys Today!

If you have been injured due to someone else's negligence, consider reaching out to Ktenas Injury Attorneys. They specialize in handling personal injury claims and will diligently work to help you receive the compensation you deserve. Contact us today for more information.