How Pre-Existing Conditions Impact Personal Injury Claims

When you are injured, having a pre-existing condition could impact your claim

If you are involved in an accident, you have every right to seek compensation for your injuries. But insurance companies will look for reasons to pay you less. If an insurance company finds that you have a pre-existing condition, they may try to reduce any compensation or not pay you at all. An experienced personal injury attorney in the Bronx can help you prove that your pre-existing condition did not cause your current injury.

Pre-existing condition does not mean the same thing in the world of health insurance as it does in personal injury law. In personal injury law, a pre-existing condition is a medical or physical condition, problem, or ailment that occurred of existed before your accident. Examples include prior:

  • Back or neck injuries
  • Joint or ligament injuries
  • Surgeries
  • Heart issues

Never hide your pre-existing condition from the court, insurance company, your attorney, or any party to the personal injury litigation. This can, and most likely will, work against you. It could get your claim dismissed because it will look like you are not being honest.

A personal injury attorney and medical records are essential

If you are injured in an accident and have a pre-existing condition, it may be aggravated by the injury. But this is often difficult to prove. Good documentation is the best way to show that your injury was unrelated to a previous injury or that your pre-existing condition was aggravated by the accident.

Generally, you are not entitled to any compensation for a pre-existing condition, but you are entitled to compensation if the accident made the condition worse. To prove this, you will need medical records such as MRIs, X-rays, lab results, etc. If you have medical records from before and after the accident, it’s relatively easy to compare them and show that the accident has made the condition worse. Your medical records may also be able to show that a pre-existing condition is unrelated to your current injury.

If you are injured in an accident, you need skilled legal representation to ensure your rights are protected. An experienced personal injury lawyer will ensure that the insurance company does not use your pre-existing condition as an excuse for denying you the compensation you deserve.

Call for a free consultation with a Bronx personal injury attorney

Bronx attorney Evan W. Kohn helps people with pre-existing conditions get fair treatment from insurance companies, even if you have a pre-existing condition. Let him help you get appropriate compensation for your physical, emotional and financial injuries. Contact The Law Offices of Evan W. Kohn online or by calling 718-409-5500 to arrange a free consultation about your accident.

Attorney Evan Kohn
About the Author: Evan Kohn
Evan W. Kohn is an experienced personal injury attorney serving the New York City area. He handles cases ranging from auto accidents to personal injury, Slip and falls, truck accidents, and medical malpractice.