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Pre-Existing Conditions – How Do They Affect Personal Injury Claims?

— January 30, 2023

Your prior medical condition should not stop you from filing a personal injury suit.

When you have a car accident and also have some pre-existing medical condition, it can harm your personal injury claim. Also, according to an article published in Forbes, to recover a physical injury claim, you need to prove that the other party was irresponsible and that caused the injuries. 

And with pre-existing conditions, the insurance firm will make attempts to reduce the compensation amount you deserve or even deny it overall. Based on the findings of the Department of Health and Human Services, 19 percent to 50 percent of non-elderly US citizens have some form of pre-existing medical condition. 

What’s considered a pre-existing health condition?

A pre-existing medical condition is one that existed before your accident and the time you claimed compensation. It could be a mental or physical condition. For example, if you had a fractured arm 20 years ago and the condition was treated and healed by a medical expert, however, if broke your arm again now, it’s not regarded as a pre-existing health condition. 

On the contrary, if you have chronic migraine problems and you discover that the discomfort has increased after your collision or workplace accident, then it’s considered a pre-existing medical condition. The insurance firm will ask you to furnish medical evidence that your migraine pain has aggravated after the accident. 

Consult a medical professional before you claim

If you feel that the pain or injury has aggravated after an accident, get in touch with your doctor immediately. Only a medical expert can understand the severity of your injuries together with the pre-existing ones. This way, you can document everything as well as treat new injuries. If you need specific advice on pre-existing conditions and current accident injuries, you may consult RTRLAW of Orlando. For the location, please click below:

Your doctor will help to testify to substantiate your claim even when your injuries are associated with your condition. The physician will provide a witness to prove that your injuries are a direct result of the current accident. That’s why you need to have all documentation in place as proof to file your claim.

If you want to prove your case in court, the more documentation you have, the better the chance of getting fair compensation. 

Be transparent about your pre-existing ailment 

Laws exist to help you get justice after a car crash even when you have a pre-existing condition. Then, you must reveal your previous medical condition to a physician when filing a suit to claim compensation. 

Trying to hide a medical condition will only affect your claim negatively. The defendant’s attorney will find out whether you have a prior condition and use the same against you to reduce your chances of getting fair compensation. So, be honest and transparent to make the case help to gain the compensation you deserve. 


Your prior medical condition should not stop you from filing a personal injury suit. That’s why you must consult your physician as well as a personal injury attorney to navigate complex legal issues. 

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