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How do Pre-Existing Conditions affect an injury claim?

A previous injury or medical condition does not automatically mean that a later accident caused no additional harm.

YOUR PRE-EXISTING CONDITION IS SEPARATE FROM YOUR INJURY, AND THAT’S IMPORTANT.

In many Personal Injury and Workers’ Comp cases, insurance companies cast doubt on whether your injuries, pain, and discomfort come from the incident. Because they will be held liable otherwise, they use Pre-Existing Conditions as a pretense to argue that your condition is not that serious or is unrelated to the events that occurred.

Here are some things to keep in mind when discussing your current injury vs your Pre-Existing Conditions.

BE COMPLETELY HONEST ABOUT YOUR MEDICAL HISTORY.

Often times, insurance companies already have access to the relevant medical records. It is better for you to be open about your conditions, and make sure to contrast them from your current injury. Regardless, your job is to be truthful and consistent about what you feel and what your experience is. Earlier injuries, treatment, and symptoms help establish the starting point, but give details about how the injury affects you in every aspect of your life.

EXPLAIN WHAT CHANGED AFTER THE INJURY.

Focus on three major areas: work (or school), home, and daily activities & hobbies. Even if an injury doesn’t bother you too much at work in an office, but it severely impacts playing sports with your kids. That’s important, and you should make sure to mention these things and any other examples you can think of. Consider new symptoms, increased pain, additional treatment, or reduced ability to work and perform daily activities.

WE SUPPORT THE CONNECTION WITH MEDICAL EVIDENCE.

We will use your past and current medical records, trusted providers, experts, and loved ones, and independent examinations to support your statements about your Pre-Existing Condition and your injury.

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