Personal InjuryPre-Existing Conditions and Personal Injury: What You Need to Know

May 9, 20230

If you have a pre-existing condition and have been involved in an accident, you may wonder where that leaves you in terms of building a personal injury case. Despite what you may have heard, having a pre-existing condition does not affect your right to build a case, as you have likely suffered injuries that have nothing to do with your current health concerns.

Anyone with pre-existing medical conditions can benefit from the advice of a personal injury attorney. Below is everything you need to know about pre-existing conditions and personal injury.

The Importance of Regular Checkups

A well-documented medical history of any pre-existing conditions will go in your favor when collecting the documentation needed for a personal injury claim. For instance, when someone is involved in a motor vehicle accident, their medical history will be collected following the accident, as well as before the accident if they have a pre-existing condition.

The better the documentation of your pre-existing injuries or conditions, the easier it’ll be for a personal injury lawyer to prove that your current injuries have nothing to do with your pre-existing conditions. On the other hand, they can also be used to prove how the accident has made your pre-existing conditions worse, such as increased pain, the need for stronger medication, or an exacerbation of symptoms following the accident.

Do Not Hide Pre-Existing Conditions

If you lie about any pre-existing conditions during a personal injury case, this will not go in your favor. Being dishonest during a personal injury claim will make it very difficult for your attorney to build a case. You could also be refused compensation and face potential police action.

Do not be worried that a pre-existing condition will make it harder to make a hospital negligence personal injury claim. This is not the case at all when working with an expert personal injury attorney.

Your Pre-Existing Conditions Should Be Written on All Insurance Policies

Any insurance policy is invalid if it does not state that you have a pre-existing medical condition. This could immediately make your claim null and void, especially if your insurance company finds out (which they will). Any new medical conditions must be recorded on your insurance documents, especially your health insurance.

Protect Your Rights

Having a pre-existing condition can make your claim more complicated, but this is nothing for you to worry about. To protect your rights and make sure you get the compensation you deserve, you should:

  • Inform your personal injury lawyer of your medical history straight away
  • Seek immediate medical treatment following an accident, whether this was in a public setting or at work
  • Avoid speaking to an insurance adjuster until you’ve spoken to a lawyer

With pre-existing conditions, personal injury cases require more documentation, but this won’t prevent you from getting the compensation you deserve. As long as you are upfront about your pre-existing conditions and have medical documentation of your conditions, a personal injury law firm can handle the rest.

Here at Caddell Reynolds Law Firm, we can help you build a personal injury case even if you have a pre-existing condition. For a free consultation, get in touch with one of our team who will be happy to help.

Visit our offices at any of the following addresses:

  • Fort Smith – 122 North 11th St., Fort Smith, AW 72901
  • Fayetteville – 509 E Millsap Rd., Suite 102, Fayetteville, AR 72703
  • Rogers – 211 North Second St. Rogers, AR 72756
  • Jonesboro – 3000 Browns Lane, Jonesboro, AR 72401
  • Little Rock – 10809 Executive Center Drive, Suite 111, Little Rock, AR 72211

Call now for a free consultation on (800) 671-4100.