Car accidents can leave a devastating physical and emotional aftermath, cause new long-term injuries, and even exacerbate old wounds. When you’re in a car accident, you’re focused on the recent pain and trauma; the last thing you’re thinking about are the injuries you’ve sustained long before the crash. However, those previous injuries might be the first thing your insurance company looks at in order to try to deny you a claim.
While you cannot claim compensation for pre-existing conditions, having a pre-existing condition should not exclude you from rightful compensation for injuries that you gained during the accident. Our lawyers at Pastrana & García Injury Law are here to help you navigate the predatory insurance practices that could minimize your rightful compensation. We can help you understand and prepare for a personal injury claim, even if pre-existing conditions affect your life.
What Is a Pre-Existing Condition?
The term “pre-existing condition” is common in the medical and life insurance world and often refers to diseases, illnesses, or injuries that have been used to exclude people from gaining access to treatment or insurance because of the increased likelihood that their condition will cost the insurance company more.
When taking a look at a car accident, pre-existing conditions might include old injuries or certain medical conditions that could be exacerbated by an accident. Car insurance companies might try to prevent a full payout by claiming that some of the injuries sustained in the accident were actually from older injuries.
A few types of pre-existing conditions that insurance companies might be looking for after a car accident include:
- Lower back injuries
- Spinal cord or neck injuries
- Concussions or other head trauma
- Nerve damage
- Chronic pain
- Shoulder, knee, elbow, or other joint injuries
A jarring car accident can cause flare-ups of previous injuries, leading to what many insurance companies would consider a gray area to provide payment. However, as your legal team, we will fight for you; we know that you are entitled to adequate compensation for all your pain and suffering caused during the accident.
Why Do Insurance Companies Dispute Accident Claims Involving Pre-Existing Conditions?
Overall, insurance companies are looking to grant the lowest payout to anyone who is injured. They want to ensure that they aren’t paying for treatment or medical procedures that were caused before the accident.
While this is understandable, some insurance companies will try to minimize the injuries of a victim in an attempt to grant them a lower payout, claiming that the majority of their injuries were pre-existing. If an insurance company knows that a client has a pre-existing condition, they will often be much more thorough during the claims process. They might try to deny causation or say that the accident wasn’t responsible for increasing your pre-existing condition. They might even resort to hiring medical experts to refute your claim. They may even go as far as to ask prying or trapping questions intended to force you to say something that can later be used against your claim.
Remember, when we’re on your team, you don’t have to answer these questions if an insurance agent calls you. To avoid these unsavory tactics, simply inform the insurance agent that your attorney will be handling interactions. Do not be taken in by compensation offers that are low and have quick decision deadlines; these are often ploys to close the claim case quickly. Allow our lawyers to handle the insurance companies. When you’re a Pastrana & García Injury Law client, we will help you work through the proper legal channels to reroute the insurance company’s accusations.
Do I Need to Disclose a Pre-Existing Condition to Insurance?
While you don’t legally have to disclose a pre-existing condition, the fact is the insurance company might already know about it. Some insurance companies have clients sign medical release forms, which gives them access to all previous medical records for that person.
This means that they could see if you’ve had back surgery or a head injury or anything else that might indicate parts of your body could be easily re-injured. Additionally, if you’ve had an accident previously and submitted a claim through your insurance, they will have records of your past injuries and treatment.
Overall, not disclosing a condition might seem like you’re hiding something, even if you’re not, and could ultimately work against you and your claim. What our car accident attorneys suggest is a detailed step approach that we outline below, which keeps your vulnerabilities to a minimum and helps to accurately represent the pain from your injuries.
Working With an Insurance Company When You Have a Pre-Existing Condition
There has to be some cooperation when coming to the table with your insurance company. Our advice is a thorough medical and personal documentation of everything you experience after your injury. Our lawyers can help you gather medical records that can help prove your injuries were directly from or aggravated by the accident.
To prove the correlation between previous injury aggravation and the current accident, we suggest that you do the following:
- Discuss your medical history thoroughly with a doctor. Make sure you bring up pre-existing conditions and how they factor into your health.
- Gather evidence of previous treatments or medical appointments related to your condition. This can be used as proof of the condition’s improvement or stability in relation to the re-injury or exacerbation after the accident.
- Document your pain or symptom progress. Immediately after the accident, write down everything that happened and everything that you’re physically or emotionally feeling. Remember to update it daily — or several times a day, if possible — to chart the pain or symptoms you feel due to the accident, when you feel them, and how distinct that pain is from your previous condition’s pain or symptoms. A pain scale of 1 to 10, along with your notes, might be a simple way to keep track of this progress.
Are You an ‘Eggshell Plaintiff?’
An “eggshell plaintiff” is a term for clients who have pre-existing conditions. However, the Eggshell Plaintiff Rule works in favor of those who experience personal injuries while living with chronic conditions. The Eggshell Plaintiff Rule ensures that the parties who are responsible for the accident are also responsible for paying for damages and injuries that include aggravated pre-existing conditions.
If you are an eggshell plaintiff, that means you can’t be denied compensation once it’s proved that your injuries, and exacerbation of your injuries, were from the accident.
Damages and Deadlines in Accident Cases Involving Pre-Existing Conditions
The damages you can expect from a personal injury case that involves pre-existing conditions can include:
- Medical or hospital bills or expenses
- Compensation for lost work and wages
- Pain and suffering
It’s important to take action as soon as possible after the accident. Not only is there a two-year time limit for how long it’s valid to submit personal injury claims, but insurance companies might try to take advantage of your delay by claiming your injuries weren’t that extensive—and with pre-existing conditions, that is just another battle you don’t need to fight.
Contact Pastrana & García Injury Law Today
Our lawyers are ready to represent you and your personal injury claim. We understand how frustrating it can be to live in a world that doesn’t easily create space for those who live with pre-existing pain or injuries. We’re here to fight for the compensation you need to recover fully. Call us today at 512-474-4487 or contact us online.
