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How does a pre-existing injury affect my personal injury case?

You probably already know that it's possible to recover for any injuries you receive from a car accident, but what if the car accident makes an existing injury worse? Contact a personal injury attorney as soon as possible to discuss your options.

As attorneys, our job is to make sure you receive a fair and just compensation for all of the injuries caused by your crash. However, insurance companies will look for any red flags in your medical history to save them money. One of these flags is the "pre-existing condition", which is an injury or health condition that you had before the crash even happened. When you have a pre-existing condition, the insurance company will argue that your injury isn't from the crash at all.

You can absolutely recover for an injury that got worse due to a crash, but you must tell your attorney immediately about any pre-existing conditions. This will help your attorney develop an effective strategy to protect your claim. For example, say you have a pre-existing back condition that gives you 2 out of 10 pain once in a while. Then, you get rear ended in a car accident and your back pain is much worse, 7 out of 10 almost every day. While you and your attorney will argue that the entire injury and its long-lasting effects were caused by the crash, the insurance company will argue that their driver didn't cause your injury since you were already hurt. If you are upfront with your attorney from the start, your attorney can prepare for this defense by investigating if a doctor can give an opinion that your injury was actually caused by the crash itself. Even if the evidence is that you had a pre-existing back condition that was made worse by the car accident, we can still help you.

The law specifically allows for recovery for an aggravation of a pre-existing injury in a crash. The key is to make sure you are honest with your attorney as soon as possible so your attorney can be prepared to fight back against the insurance company's "pre-existing injury" defense.

The Law Offices of Mathys & Schneid continues to handle all types of car, motorcycle and truck accident cases along with wrongful death and other personal injury cases for clients in Cook, DuPage, Kane, Will, and Kendall Counties, including Chicago, Wheaton, Joliet, Geneva and the entire of the Chicagoland area.

  1. "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....
    -Jeff D.

  2. "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....
    - Dave

  3. "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.
    -Jennifer

  4. "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day... -Larry

  5. "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.
    - Tyler D.

  6. "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.
    - Karen K.

  7. "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends. -Dan H.

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