How Pre-Existing Conditions May Affect Personal Injury Insurance Claims

Unfortunately, a pre-existing condition may prove problematic for accident victims who wish to recover compensation to pay for medical bills, physical therapy, and other expenses stemming from an accident. Consulting an injury attorney in Colorado at D.J. Banovitz Personal Injury Law may help accident victims considering a personal injury insurance claim, but unsure how a previous injury or condition may impact the case.

Importance of Proper Disclosure

A pre-existing condition or injury is one that the victim had before the accident occurred.

A pre-existing condition can include:

  • medical conditions that are present at birth;
  • injuries from a previous accident;
  • repetitive stress injuries such as carpal tunnel; and
  • chronic conditions such as asthma and seizures.

If you have a previous injury or condition, tell your lawyer. Being honest about your medical history can pay off. If the other party finds out that the victim lied in any way, it may negatively affect his or her ability to recover compensation.

There may even be legal ramifications. An injury attorney in Colorado can ensure that your medical condition is properly disclosed and can help in establishing your entitlement to compensation for the current accident and its resultant injuries despite these previous conditions.

Benefits of Disclosing Pre-Existing Conditions

Honest disclosure of previous injuries may even be to one’s advantage. In some cases, a prior injury can weaken a person’s immune system or mobility. Therefore, if that person is injured from even a minor fender-bender, he or she can honestly disclose that the previous condition was exacerbated by the injuries.

In addition, having a pre-existing injury means that the victim likely has medical records on file. These can be compared to current records so that the insurance company has medical proof that the condition has worsened and that the victim is not simply lying to get money by filing a personal injury insurance claim.

How Pre-Existing Conditions Can Negatively Affect a Claim

Just because a victim has prior injuries does not make him or her disqualified from receiving compensation for injuries in a recent accident. However, in many cases, awards may be diminished because of the presence of pre-existing injuries. Depending on the specifics of the case and the injuries, a previous injury may create doubt as to the accident’s impact on the victim’s wellbeing.

Many lawsuits are not black-and-white cases. It can be hard to determine what injuries were there previously and which ones are new, or how much a new accident has worsened a previous condition.

An attorney can seek medical experts and obtain any medical records to help build your case. These records and expert testimony may be used to determine the impact of the accident on previous injuries, whether the new accident caused the injuries, as well as expected treatment.

Contacting an Injury Attorney in Colorado

According to the World Health Organization, 20 to 50 million people worldwide suffer non-fatal injuries from auto accidents every year. If you are injured, D.J. Banovitz Personal Injury Law can review your personal injury insurance claim and determine your rights to compensation. Be sure to read our free book, 7 Costly Mistakes that can Ruin Your Colorado Injury Case. Contact us at (303) 300-5060 to set up an appointment to discuss your case and the impact of your pre-existing condition or injury.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case.

D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.