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

On Behalf of | Dec 8, 2014 | Car Accidents

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.