25 Apr How Pre-Existing Conditions Can Affect Your Personal Injury Claim

In Buffalo, personal injury law presents a unique challenge for those with pre-existing conditions. While these injuries may complicate things, it doesn’t mean you won’t be entitled to compensation for new injuries or the aggravation of old ones.

But understanding how pre-existing injuries affect a personal injury claim is essential. If you’ve had past surgeries, chronic conditions, or previous accidents, and you’re involved in a new car accident, the situation can feel overwhelming, especially when you don’t have an experienced Buffalo injury attorney to guide you.

It’s easy to assume that insurance companies might use your prior conditions against you, but in Buffalo and the rest of New York, the law has specific protections that you need to know about.

What Are Pre-Existing Injuries, and How Do They Affect a Car Accident Claim?

A pre-existing injury refers to any injury or health condition you had before a new accident. This could be anything from chronic back pain, a past knee injury, a healed broken bone, or even mental health conditions like anxiety or depression.

These past injuries can interact with new injuries from a car accident in several ways. Sometimes, the new accident can make the pre-existing condition worse, or sometimes it can cause complications you didn’t have before.

But what does that mean for your personal injury claim? The big concern is whether the insurance company will argue that your pre-existing injury is the cause of your current condition.

Instead of accepting that the car accident aggravated the old injury, the insurance company might try to say it’s just an old issue flaring up again. This can be frustrating, especially when you know the crash made things worse.

Proving That the Accident Exacerbated Your Pre-Existing Injury

One of the most challenging parts of a personal injury case with pre-existing conditions is proving that the accident made things worse. Insurance companies may try to argue that your current condition has nothing to do with the accident or that it was just a minor flare-up of an old injury. That’s why it’s crucial to establish that the accident made your injury worse in a significant way.

With medical evidence, you would be able to show that after the accident, your condition either worsened or caused new symptoms that didn’t exist before.

This could include getting medical records both before and after the accident, which can show how your condition changed. Medical experts may also be needed to testify and explain the connection between the crash and the worsening of your injury.

What You Should Do If You Have a Pre-Existing Injury

For your claim to be strong, you need to see a doctor as soon as possible after the accident. This not only helps document the injury but also strengthens your case by showing that your injuries were linked to the crash. The quicker you get treatment, the more credible your claim becomes.

Also, it’s actually important for you to be upfront about your pre-existing conditions when pursuing a personal injury claim. If you don’t disclose these conditions, it could seriously hurt your case.

Insurance companies and even your own attorney need to know about any previous injuries or health problems so they can build an accurate case strategy. Trying to hide these conditions will only lead to problems down the line, and it can even have legal consequences.

By being honest about your pre-existing conditions from the start, your attorney can help you navigate the complexities of your case. This way, you won’t be blindsided by arguments from the other side saying you didn’t disclose your medical history.

More information:

• HealthCare.gov. (2024). Pre-existing Conditions and Health Insurance. Retrieved April 25, 2025, from https://www.healthcare.gov/coverage/pre-existing-conditions/

• HealthInsurance.org: What is a pre-existing condition?

———

The information on MedicalResearch.com is provided for educational purposes only, and is in no way intended to diagnose, endorse, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health and ask your doctor any questions you may have regarding a medical condition.

Some links are sponsored. Products and services, including links above are not warranted or endorsed.

In addition to all other limitations and disclaimers in this agreement, service provider and its third party providers disclaim any liability or loss in connection with the content provided on this website.

Last Updated on April 25, 2025 by Marie Benz MD FAAD