How Pre-Existing Injuries Complicate Your New Accident Case
If you’ve been hurt in an accident and already had a previous injury, your case may become more complicated than usual. Insurance companies and defense attorneys often try to use your medical history against you, arguing that your current pain is not from the new accident but from something that happened in the past.
That’s why it’s essential to understand how pre-existing conditions play a role in personal injury claims. Whether it’s a back injury from years ago or a previous surgery, any medical history can become a key point of debate. In cases like this, having experienced legal representation for accident victims becomes essential to protect their rights and ensure new injuries are correctly recognized.
What Is a Pre-Existing Injury?
A pre-existing injury is any injury or medical condition that existed before your new accident. This could include issues like:
- A herniated disc from a past car crash
- A broken bone that never fully healed
- Chronic neck or back pain
- Joint problems or arthritis
- Old sports injuries
How It Affects Your Injury Claim
When a pre-existing condition is involved, proving the impact of the new accident becomes more difficult. You and your lawyer will need to show that clearly:
- The accident caused a new injury, or
- The accident worsened a pre-existing condition
This is known as “aggravation of a pre-existing condition,” and it’s something the law does recognize. However, proving it requires strong medical evidence and skilled legal guidance. Without the right support, insurance adjusters may try to deny your claim or offer a low settlement.
Why Insurance Companies Love Pre-Existing Injuries
The insurance company may say your current pain isn’t their responsibility or that the accident only caused “minor” harm. This is a common tactic to limit payouts. They often dig into medical records to find anything they can use to reduce the value of your claim.
That’s why it’s essential not to handle these situations alone. A personal injury lawyer can help you gather medical records, work with doctors to document your condition and build a case that connects your current symptoms to the recent accident.
How a Personal Injury Lawyer Can Help
An experienced attorney knows how to counter the arguments made by insurance companies. They can bring in medical experts, review past and current records, and show precisely how the accident made things worse for you. This is especially important if your injury is affecting your ability to work or your quality of life.
They also know how to present your case clearly and powerfully—whether that’s during negotiations or in court. With the right legal help, you can increase your chances of getting fair compensation for your injuries, even if you had health issues before the accident.
Wrapping Up
Dealing with an accident is hard enough, but it gets even harder when past injuries are used against you. Don’t let that discourage you. Get the right help, know your rights, and fight for the recovery you deserve. A skilled personal injury lawyer can make sure your voice is heard and your injuries are taken seriously, old and new.
