How Does a Pre-Existing Injury Affect a Car Accident Claim?

What is a pre-existing condition in terms of a car accident? Let’s assume that you have been dealing with a severe back injury for many years now and you are involved in a car accident. Now, you’re being treated for that same back injury because the car accident aggravated your injury. Because the injury existed to a lesser extent before the accident, this could be considered a pre-existing condition. Many people suffer from pre-existing conditions every year, from chronic illnesses to conditions that affect the muscles and nervous system.

If you have been injured in a car accident due to another party, you know you will be dealing with big car insurance companies. You might also be fully aware of the fact that your pre-existing condition will come up in conversation with the insurance company, and that it might even be scrutinized or possibly used against you. The at-fault party will work with their insurance company to try to pay as little as possible for the claim, which means attempting to prove that they did not cause your injuries. So, that back injury? The other party might claim that they had nothing to do with it since it technically existed before the accident.

If your injuries have been aggravated by a car accident, you have options. Today we want to focus on this issue in car accident claims and how you can continue to move forward.

Aggravation of a Previous Injury or Condition 

You might find that accidents involving pre-existing injuries are quite complex. Perhaps you don’t know how to broach the subject of telling an insurance company that you had a herniated disc or arthritis before the accident because you are concerned that you will not receive maximum compensation. Unfortunately, this is something that will come out because insurance companies do their research. By proving that a car accident only aggravated your injuries, you will be able to receive the compensation you deserve to move forward.

One of the best ways that you can make the strongest case is to receive treatment from your trusted medical professional. A physician, surgeon, or anyone you have seen in the past for your condition will be able to verify with the insurance company and through your records that your injury has gotten worse due to the car accident. This might be especially true in cases where the injury isn’t easily seen, such as spinal injuries.

When It’s Time to Speak to an Attorney

If you fear an insurance denial due to your pre-existing condition, it is time to speak with an attorney to protect your rights at this time. You don’t want an injury that you received in the past to affect your future because proper steps weren’t taken to protect your rights. At Katz, Kantor, Stonestreet & Buckner, our experienced personal injury attorneys are here to help after you have been seriously injured in a West Virginia car accident. If you are feeling alone, we want you to know that you don’t have to be. Please contact us for more information on how we can help in the midst of your claim at (304) 713-2014.


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