What Happens If a Car Accident Aggravates a Pre-Existing Condition?

Many people have underlying health conditions or aches and pains, everything from a bad back from carrying young children around all day to an aching knee from an old sports injury. Issues like these are not uncommon. Unfortunately, when people are involved in car accidents, one of the tactics insurers use to diminish a claim’s value or deny it outright is to claim that pre-existing injuries are the source of a victim’s pain. Insurers may lead people to believe that, because they have a pre-existing condition made worse by an accident, they don’t deserve maximum compensation for their injuries.

Getting past insurance adjuster strategies can be challenging, especially if you don’t know your rights. When a car accident aggravated a pre-existing condition, victims are still entitled to pursue fair compensation for their injuries.

What Are Pre-Existing Conditions?

Pre-existing conditions are health or medical issues that exist before an event or incident. When an individual enrolls in a new healthcare plan, chronic diseases, injuries, or medical conditions a person had in the past or is currently being actively treated for are considered pre-existing conditions.

The same applies to car accident claims. Car insurance companies consider issues such as previously broken bones, past injuries, and other medical diagnoses as pre-existing conditions. The issue with pre-existing conditions is that some insurers use these medical issues as an excuse not to pay fair compensation, claiming the pre-existing health issue is the reason for a victim’s discomfort, and not the car accident.

How Can a Car Accident Aggravate Pre-Existing Conditions?

Car accidents, even low-speed accidents, can be traumatic and violent events. The impact of a crash can aggravate existing conditions and lead to new medical problems for victims. Aggravation means that an accident makes an existing injury worse. The sudden force of a collision can intensify pain and other symptoms, lead to new medical complications, and significantly delay or set back a person’s recovery.

Car accidents involve sudden acceleration and deceleration. These forces can create intense stress on fragile or recovering bones, ligaments, muscles, and other soft tissues. Even a minor amount of additional force or stress can cause further damage to these tissues and structures.

An individual with an old knee injury can suddenly find themselves coping with pain, instability, swelling, and inflammation due to the forces placed on the injured knee as a result of the crash. Someone recently diagnosed with a concussion may experience more extensive brain damage after an accident causes additional head trauma, intensifying symptoms.

There are numerous ways in which the impact of a crash can exacerbate existing medical issues. The issue is that everyone has a different baseline for their health. Establishing this baseline and fighting an insurer for the money you deserve is the challenge.

Can I Recover Compensation for Pre-Existing Conditions After a Car Crash?

Yes. Accident victims can recover compensation, even if they have pre-existing conditions. In New York, the “eggshell” or “eggshell skull” principle dictates that insurers and defendants in civil cases must take the victim as they found them. That means people with pre-existing conditions are still entitled to pursue compensation if the accident aggravated their prior injuries or conditions. It is a rule designed to protect the rights of accident victims.

Life happens. A bad back or previously broken bone may make you more susceptible to re-injury, but that doesn’t mean you should not be fairly compensated for your injuries if the careless actions of another make them worse.

How Much Compensation Can I Get If an Accident Aggravated My Pre-Existing Condition?

The amount of compensation an accident victim can recover for an aggravated pre-existing condition depends on the severity of the injury and the specific circumstances of the case. Generally, people can pursue money for the following:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Pain and suffering

Before accepting an insurance company’s offer, discuss the specifics of your situation with an experienced New York car accident attorney with experience in cases involving aggravated pre-existing conditions.

How to Fight Against Insurance Tactics to Deny Your Claim

The path forward is tricky, and navigating a pre-existing condition aggravated by a car accident can feel like going through a minefield. Aggressive insurance adjusters place a significant emphasis on identifying and highlighting an accident victim’s pre-existing conditions. By playing up the fact that a victim already has an injury, they lay the groundwork for pushing the victim into accepting a low offer, potentially far below the fair value of the person’s claim.

However, if someone tries to hide the fact that they have a pre-existing medical issue, the insurer can claim the victim is not credible and cannot be trusted. This tactic also lays the groundwork for a diminished settlement or denial.

Tips that can help you fight against strategic insurance company tactics include the following:

• Seek medical attention for your accident-related injuries immediately.
• Follow your doctor’s instructions.
• Avoid giving the insurer a recorded statement until you have legal representation.
• Keep detailed records of your medical expenses, treatment plans, and accident-related bills and expenses.
• Never post on social media about the accident, your injuries, medical history, or innocent statements or gatherings with family or friends.
• Speak with a lawyer as soon as possible and let them handle communication with the insurer and other parties involved.

The best tool you can use in your fight with an aggressive insurance adjuster who tried to deny your claim is a skilled Queens car accident lawyer who understands a pre-existing condition made worse by a car accident.

Get in Touch with Our Car Accident Lawyers in Queens, NY for Help

At The Tadchiev Law Firm, P.C., in Queens, New York, we provide personalized and aggressive legal representation. We have a profound understanding of how insurance companies work and the strategies they use to get accident victims with pre-existing conditions to settle for less than what they deserve. Let us fight for you and work towards pursuing comprehensive compensation for your injuries.

Contact our firm today to request a free consultation.

About the Author

Simon Landsberg
Simon B. Landsberg is an associate attorney at The Tadchiev Law Firm, P.C. He focuses his practice exclusively on representing individuals and families who have been injured in motor vehicle accidents and due to other forms of negligence.