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Denver Personal Injury Attorney Discusses How Pre-Existing Conditions May Affect Your Case


June 28, 2017

If you have been injured in a car crash, slip and fall, or any other type of accident, the at-fault party’s insurance company may try to say that your injuries did not occur in the accident. The insurance company may attempt to prove that you had a pre-existing condition, which may affect your ability to recover compensation. What is a pre-existing condition? Denver personal injury attorney Mark Simon explains everything you need to know:

Two Types of Pre-Existing Conditions

There are two types of pre-existing conditions. The first type is a physical condition that you had prior to the accident that you may or may not have already been diagnosed with. Examples of this type of pre-existing condition include arthritis or degenerative joint disease. Many victims may be aware that they have these conditions, but others may not be told they have these conditions until they seek medical treatment after an accident.
 
The second type of pre-existing condition is an old injury that has been hurt again in the recent accident. For example, let’s say you hurt your back two years ago while playing with your children. You went to the doctor and treated the injury with medication and physical therapy. After you received treatment, you no longer experienced any pain or discomfort. Then, you were involved in a car accident, and you began to experience pain in the same area of your body that you had injured before. Because you have reinjured the same spot, the insurance company may say this is a pre-existing condition.

How Pre-Existing Conditions Affect Personal Injury Claims

A pre-existing condition could affect your ability to recover compensation from the at-fault party’s insurance company. But, insurance companies must be able to prove that the accident did not make your pre-existing condition worse or cause any new symptoms to appear in order to deny your claim. Learn how pre-existing injuries affect injury claims.
 
In most cases, it is up to medical professionals to determine when injuries occurred and whether pre-existing conditions have become more severe as a result of an accident. This can usually be done by analyzing MRIs, cat scans, or lab work, but sometimes the doctor will have to base his decision based on observations alone.
 
It’s important that you are upfront and honest about your pre-existing conditions. Don’t hide the fact that you were previously injured from an insurance company. Eventually, the insurance company will find out about your pre-existing injuries and use the fact that you hid this information to prove that you are being dishonest about your claim. Speak to a personal injury attorney to discuss when and how you should bring up your pre-existing conditions.
 
If you have any questions about your pre-existing condition and how it will affect your personal injury case, personal injury attorney Mark A. Simon can help. If you have been injured because of someone else’s negligence, call us at 303-321-4878 or contact Mark A. Simon to discuss your right to recover compensation during a free consultation.