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How Pre-Existing Conditions Affect Personal Injury Cases

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Will My Pre-Existing Condition Affect My Personal Injury Lawsuit?

Since everyone goes through different things throughout their life, it is quite common for people involved in personal injury claims to have pre-existing injuries. Having a pre-existing injury does not exclude you from being able to file a personal injury claim though. Even though you already had an injury, if the accident in question worsened your injury or condition, added new issues to your health complications or made you re-injure a previously healed injury, you are still eligible to get compensation from the at fault party.
pre existing condition documents for a personal injury case

Many people think that since their injury was already there, they don’t have the right to pursue compensation, but that is simply not the case. Insurance companies love to prey on this belief and will try to use pre-existing conditions as an excuse to pay much, much less than a claim is worth. We have been helping our clients navigate this issue for as long as we’ve been in business, and we can help you maximize your claim regardless of whether you have pre-existing conditions.

Many times, especially as we get older, we already have back pain, injuries from work, hobbies or accidents, and many other types of personal health problems that lead to our bodies not being able to function as well as they did in our younger years. Unfortunately, this also means being able to get injured easier as we age which can cause complications, especially after being involved in a severe accident. Luckily, with a great personal injury lawyer on your side, your pre-existing conditions won’t hurt your claim. Let’s take a deeper look into the factors that need to be understood when dealing with this type of legal situation.

What Happens If An Accident Aggravates A Pre-Existing Condition?

When you have a pre-existing condition and then get into an accident, it is very common for that pre-existing condition to become aggravated again and get worse or even need the full treatment again to get back to 100%, if that’s possible. When this happens due to another person or company’s negligent actions, then you are still able to pursue a personal injury claim against the at fault party for the costs associated with your treatment, as well as the pain and suffering you have to deal with during your recovery process.

Some common examples of pre-existing injuries that we see are:

  • Back pain
  • Spinal cord injuries
  • Neck injuries
  • Knee injuries
  • Shoulder injuries
  • Broken or fractured bones
  • Whiplash
  • Hip & pelvis injuries
  • Degenerative disc disease

These injuries are common across most of the older generations, but do not prevent you from receiving a settlement for your injuries. Make sure to contact a qualified personal injury attorney to get a detailed look at your claim and see what options you have to move forward with your settlement.

Why Medical Records Are Essential

One of the most important parts of injury claims involving pre-existing conditions is being able to prove that the condition was there prior to the accident in question. The best ways to prove your injuries are to have detailed medical records of previous injuries, treatments, expenses, physical therapy sessions, logs of missed work from the recovery time, testimonials of friends and family who are familiar with the injury & your healing timeline and any other records that show you had the injury. Without proof of these injuries being present beforehand, the insurance company will try to fight these claims in any way possible, so make sure to gather any supporting evidence you have and present it to your injury claim lawyer.

Never Hide Your Pre-Existing Condition

You may be tempted to try to hide any prior injuries to avoid having the insurance company deny your claim since the injury was already there, but this can complicate things and if they discover the prior injury later, then they will accuse you of hiding information from them which can bring on a whole other set of problems that you don’t want to have to deal with. It is always best to disclose these injuries beforehand and accompany those claims with solid proof of the injury to ensure that both parties have accurate information about the accident and the injuries that were caused due to that accident. Your lawyer will also insist that you identify these injuries before presenting your claim.

What Is An Eggshell Plaintiff?

Since all persons have the right to a fair trial, the eggshell plaintiff doctrine was put into place to give you the same chance at compensation as anyone else by ensuring your claim is treated the same as any other claim, even though you may be more susceptible to injuries due to your medical history. Just because you are more easily injured than most people, doesn’t mean that you should be treated differently and this law helps protect accident victims from getting wrapped up in that type of argument. Luckily, our legal system has put this law into place so that no matter how prone to injuries you are, you can still get compensation with the same rights you would have if you didn’t have pre-existing medical conditions.

You Can Still Receive Compensation For Your Injuries

No matter what type of pre-existing medical conditions you have, you are still able to claim compensation for your injuries. The laws in this country have been designed to allow everyone equal access to a fair trial which means that your previous injuries will not prevent you from being able to file a claim. With an expert personal injury law firm backing you, an exceptional settlement is just right around the corner. At Rector Stuzynski LLC, we have been dealing with all types of personal injury claims for decades and have amazing results to show for our efforts. Our client testimonials will give you a first hand look at the type of results and client satisfaction you will get when you decide to work with the best personal injury lawyers in Colorado Springs, CO. From initial consultation to final settlement, you will be our number one priority and be completely informed on the entire process throughout the entire lawsuit. Call today for a free consultation or feel free to stop by our office to visit with our attorneys in person.

Areas We Serve

We serve clients injured anywhere throughout the state of Colorado, but we focus on residents of these areas: Colorado Springs, Manitou Springs, Fountain, Briargate, Monument, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and beyond.