The NHTSA reports that there were 39,345 deaths resulting from motor vehicle crashes in the U.S. in 2024. Beyond these tragic fatalities, millions more suffer serious injuries.
If you are one of these unfortunate people and you had a medical condition before the crash, you might be worried. Insurance companies often use pre-existing conditions to question your injury claim from a car accident. They may argue your injuries weren’t caused by the accident.
But that’s not the whole story. If the crash worsens your condition, you still have the right to compensation. The law protects you in these situations.
Discover how pre-existing conditions affect your injury claim and what steps you can take to maximize your compensation.
What Are Pre-Existing Conditions?
These are health issues or injuries that existed before a car accident. They can include conditions like:
- Back injuries
- Arthritis
- Previous surgeries
- Chronic pain
- Mental health issues like anxiety or depression
These conditions play a crucial role when you pursue compensation after a car accident. Insurance companies often scrutinize claims involving pre-existing injuries closely.
They may try to argue that your current injuries are from the old condition, not the accident. This can make your injury claim from a car accident more complicated. Understanding what counts as a pre-existing condition helps you prepare and respond to these challenges effectively.
The “Eggshell Plaintiff” Rule
This legal principle holds that defendants must accept victims as they are. If you have a pre-existing condition, the other party is still responsible for any new or worsened injuries caused by the accident.
You can’t be denied compensation just because you were more vulnerable before the crash. Such protections ensure fairness and hold the at-fault party accountable for all the harm they cause.
How Pre-Existing Conditions Affect Your Injury Claim
Insurance companies often attempt to minimize or reject claims involving pre-existing injuries. They may argue that your pain or condition was not caused by the accident. Instead, they blame it on your past health issues.
This can lower your car accident compensation or stop it altogether. To succeed, you must prove that the accident aggravated your condition.
The burden of proof is on you. You don’t have to prove that the accident caused the original condition, only that it made it worse.
Detailed medical evidence strengthens your claim. The clearer your documentation, the harder it is for insurers to deny your case.
Steps to Maximize Your Accident Claim Despite Pre-Existing Conditions
To maximize accident claim results, it’s important to take the right steps early. Each one helps strengthen your case.
Seek Immediate Medical Attention
Get checked by a doctor immediately after the crash. This ensures your medical records are up to date. It also helps prove that the accident worsened your condition.
Be Honest About Your Medical History
Don’t hide past injuries or conditions. Being open builds trust and protects your credibility. Insurance companies will check your records, so honesty is your best defense.
Get Expert Medical Opinions
Ask your doctor to explain how the crash affected your health. A specialist can show how your prior condition was aggravated. Their report serves as strong evidence in your favor.
Hire an Experienced Lawyer
Seek accident lawyers experienced with pre-existing injury claims. A seasoned and reputable attorney knows how to deal with insurers and protect your rights.
Role of Expert Accident Lawyers
Dealing with a car accident claim involving pre-existing conditions can be challenging. This is where expert accident lawyers become invaluable. Here’s how they can support your case and secure fair compensation:
Help Gather Strong Medical Evidence
Expert accident lawyers work closely with doctors to collect the right medical records. They know what details matter most and how to show that the accident worsened your condition.
Handle Tough Insurance Negotiations
Insurers may attempt to deny or reduce your claim. Your lawyer will:
- Speak on your behalf
- Challenge unfair tactics
- Push for fair compensation
Prove the Accident Made Things Worse
A key part of your claim involves demonstrating causation. Your lawyer will connect the accident to your worsened condition through facts, timelines, and expert reports.
With the right lawyer, you improve your chances of fair compensation. Their expertise can strengthen your pre-existing injury claim.
Common Challenges and How to Overcome Them
Pre-existing conditions can complicate an injury claim from a car accident case. Insurers may use your medical history to reduce or deny your compensation. Here are common challenges and how to respond effectively.
Insurance Denials
Insurers may claim your injuries existed before the crash. Fight back with clear medical records and expert opinions showing that the accident worsened your condition.
Disputes Over Causation
They might claim that the accident didn’t cause your pain. Use before-and-after medical records to clearly show the difference in your condition.
Lowball Offers
Some insurers offer less than what your case is worth. A skilled lawyer familiar with pre-existing injury claims can negotiate for full and fair car accident compensation.
Choosing the Right Pre-Existing Injury Claims Lawyer
Not all lawyers understand the complexities of pre-existing injury claims. Selecting the right lawyer can significantly affect the outcome of your car accident injury claim.
Look for a lawyer with:
- Experience handling claims involving pre-existing conditions
- A solid track record of securing car accident compensation
- Access to medical specialists who can provide evidence for your case
- Strong negotiation skills to push back against low offers
At RHINO Lawyers, we specialize in these cases. Our team has the experience and expertise to help you maximize accident claim results. We advocate for your rights and are committed to obtaining the compensation you are entitled to.
Take Charge of Your Injury Claim from a Car Accident with Pre-Existing Conditions Today
Pre-existing conditions don’t cancel your right to compensation. If the accident made your condition worse, your injury claim from a car accident still matters. Work with an experienced lawyer to strengthen your case and fight for what you deserve.
Since 2014, RHINO Lawyers has revolutionized legal services in Tampa with expert, client-focused representation. Our millennial-led team brings 10+ years of experience in personal injury, medical malpractice, and criminal defense with a high-tech, human touch.
Led by former insurance defense attorney Brandon F. Jones, we fight claim denials based on pre-existing conditions. Call us today for fast, on-your-terms, legal help.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
