You might wonder if having a previous medical condition prevents you from pursuing compensation after an accident. Many people with prior health issues worry that insurance companies will automatically deny their claims or offer unfairly low settlements. The truth is that pre-existing conditions can complicate your personal injury claim, but they don’t disqualify you from seeking compensation.
Consulting a personal injury attorney in New York can help you navigate these complex legal issues effectively. In this guide, Elliot Ifraimoff & Associates, PC, will explain how pre-existing conditions affect your personal injury claim.
Understanding Pre-Existing Conditions in Personal Injury Law
A pre-existing condition refers to any documented health issue that existed before your accident occurred. These conditions often affect how insurance companies evaluate personal injury claim factors.
Common pre-existing conditions include chronic illnesses like arthritis, diabetes, or asthma. According to the CDC, 6 in 10 Americans have at least one type of chronic health condition.
Past injuries such as herniated discs, previous fractures, or old soft tissue damage also qualify as pre-existing conditions. Mental health disorders like depression, anxiety, or PTSD fall into this category as well. It’s estimated that one in five adults in the U.S. live with a mental health illness.
While previous injuries, current mental health illnesses, and chronic diseases are all incredibly common, they can affect your claim when you’re injured due to someone else’s negligence. Insurance companies may scrutinize your medical records to determine which symptoms relate to your accident versus your prior condition. Your injury claim and medical history may not seem related, but insurers often try to link them.
The Eggshell Plaintiff Rule Explained by a Personal Injury Lawyer in Queens
New York law provides strong protection for accident victims with pre-existing conditions through the “eggshell plaintiff” doctrine. This rule significantly affects how courts handle personal injury claims involving prior medical conditions.
The eggshell plaintiff rule means that if your accident worsened a pre-existing condition, the responsible party remains liable for the aggravation, assuming other liability requirements have been met. This legal principle prevents defendants from using your pre-existing condition to reduce their liability.
However, proving the effect of prior injuries versus new damage requires careful documentation and medical evidence.
Insurance Company Defense Strategies and Tactics
Legal issues involving pre-existing conditions often revolve around proving causation and differentiating between old and new injuries. These conditions significantly affect how insurance companies approach your claim and develop their defense strategies.
Defense attorneys often argue that your symptoms stem from a pre-existing condition and would have worsened naturally. Insurers may also dig through decades of medical history to link unrelated issues to your claim.
Another common tactic involves offering quick, lowball settlements to claimants with pre-existing conditions. Insurers count on your fear that having prior medical issues affects your case negatively, pressuring you to accept inadequate compensation.
Insurers also rely on delay tactics, dragging out the claims process in hopes that frustration or financial strain will pressure you into settling for less.
Building Strong Medical Evidence for Aggravation Claims
Successfully proving that an accident worsened your pre-existing condition requires specific evidence. Medical documentation forms the foundation of your case.
You typically need medical records showing your condition before and after the incident. Make sure providers document any new symptoms or worsening pain, as these details can strengthen your claim.
According to the Bureau of Labor Statistics, employers reported nearly 2.6 million nonfatal injury and illness cases in 2023, highlighting the prevalence of workplace-related accidents that can create or aggravate pre-existing conditions. Comparing pre-accident MRIs, X-rays, or CT scans with post-accident images can visually demonstrate how the incident worsened your condition.
You should maintain consistent medical treatments following your accident. When seeking medical care, many clients benefit from having a Queens personal injury lawyer who understands how pre-existing conditions impact their healthcare documentation requirements.
Seeking Compensation Despite Prior Medical History Complications
Pre-existing conditions impact settlement negotiations in several ways, but they do not automatically reduce your compensation.
Mainly, such conditions affect how you document the degree of aggravation. The more evidence you present showing measurable worsening of your condition, the less negatively these conditions should affect your negotiating position. This includes increased pain levels, new limitations on daily activities, or the need for additional medical treatments.
You should calculate all costs related to the aggravated condition, including treatment expenses, future rehabilitation requirements, and more. Your settlement should ideally reflect medical expenses for treating the worsened condition, lost wages due to increased limitations, and pain and suffering caused by the aggravation.
Insurance companies often attempt to compartmentalize damages, arguing they should only pay for “new” injuries while ignoring how the accident affected your existing condition. A personal injury lawyer in Queens can assist you in adequately representing your pre-existing conditions when presenting evidence.
Critical Mistakes That May Weaken Your Claim
Understanding the types of mistakes that can damage your personal injury claim can help you avoid errors. Here are a few basic tips, though we recommend consulting an attorney for more specific guidance:
- Never hide or downplay your pre-existing conditions. Insurance companies will discover these conditions during their investigation, and attempting to conceal them affects your credibility and your case negatively. Honest disclosure allows your legal team to address how these conditions affect your case proactively.
- Don’t delay seeking medical treatment after your accident. Prompt medical attention creates documentation linking your symptoms to the incident. Waiting weeks or months to see a doctor allows insurers to argue that intervening factors, not the accident, affected your current condition.
- Avoid giving recorded statements to insurance adjusters without legal representation, especially when pre-existing conditions affect your case. These professionals use leading questions designed to minimize your injuries or contradict previous statements. They may ask about your pre-existing conditions in ways that negatively affect your claim.
A New York personal injury attorney can protect you from these tactics and ensure your rights remain safeguarded throughout the process. If you’re unsure how to communicate with insurers, consult your attorney first.
Do You Need a Queens Personal Injury Lawyer?
Pre-existing conditions affect personal injury claims in complex ways, but they don’t prevent you from seeking compensation when someone else’s negligence worsens your condition. At Elliot Ifraimoff & Associates, PC, our team can handle negotiations with insurance companies and work diligently to protect victims’ rights.
Next, learn more about recovering damages in personal injury cases. Contact Elliot Ifraimoff & Associates, PC, at (718) 205-1010 to discuss your personal injury claim with our experienced team today.
FAQs Answered by a New York Personal Injury Attorney
Below, we’ve answered some of the common questions about how pre-existing conditions affect personal injury claims in New York.
Will My Pre-Existing Condition Reduce My Settlement Amount?
Pre-existing conditions do not necessarily reduce settlement amounts. If you can prove that the accident worsened your pre-existing condition or that your injuries are unrelated to the existing condition, you may be able to pursue full compensation.
Do I Have To Disclose My Pre-Existing Conditions to the Insurance Company?
Yes, you should disclose your pre-existing conditions to the insurance company because hiding them can damage your credibility. Full honesty allows your attorney to strategically address how these conditions affect your personal injury claim.
How Do I Prove That My Accident Made My Pre-Existing Condition Worse?
You can prove that your accident worsened your pre-existing condition by presenting clear medical documentation from before and after the incident. This might include pain records, diagnostic imaging, treatment requests, prescription authorizations, and physician testimonies.