Medical Malpractice And Personal Injury Representation From A Lawyer Who Is Also A Doctor

How does your pre-existing condition affect your personal injury case?

On Behalf of | Jan 20, 2023 | Personal Injury

Most mainstream discussions about personal injury cases assume that the injured party was in good health and free of any pre-existing conditions before the accident. Unfortunately, the situation often varies in terms of the health and well-being of the injured party prior to the accident.

Chronic conditions and pre-existing injuries can play a role in your personal injury claim.

Chronic conditions

Some personal injuries can worsen chronic conditions, including degenerative disc disease or bulging discs. The key to proving any worsening of these conditions is through imaging and diagnostic testing. Medical imaging such as an MRI can show differences in the progression of a condition, and medical experts can testify that any changes are not natural progressions but, instead, a result of the accident.

Pre-existing injuries

When you seek treatment for an injury and then later suffer an accident that aggravates that injury, the responsible party may have some financial liability. Their liability only extends as far as the effect of the accident on that injury, though. They cannot be liable for all of the treatment and effects of the injury because it existed before the accident.

Medical history

Remember that your entire medical history applies in a personal injury case. The insurance company representatives will look for any means to reduce their client’s liability. Address pre-existing conditions clearly from the beginning to avoid any surprises.

The more information you provide during your initial medical evaluation and subsequent interviews, the easier it is to document the effect of the accident on any pre-existing condition.