Seeking Compensation for Injuries When You Have a Pre-Existing Condition

If you have an injury or illness that occurred or existed before your personal injury accident, you have what is called a pre-existing condition. When accident victims have pre-existing conditions, one of the first questions they ask is whether they can still file a personal injury claim and seek compensation for their injuries. While the answer is usually yes, it is important to know that every person’s situation is unique, which is why you should consult with a personal injury attorney to find out your potential legal options right away.

Can I seek compensation for injuries even though I have a pre-existing condition?

Yes, you most likely can still seek compensation for your injuries even though you have a pre-existing condition. However, it is important to know that you cannot argue that your truck accident, bicycle accident, pedestrian accident, or any other type of accident directly caused your pre-existing condition. Instead, you can only make the claim that your accident caused new injuries or aggravated your pre-existing condition. Your pre-existing condition can play a big part in your personal injury case as the defendant will likely try to use your condition against you.

For example, their insurance company or legal team may make the argument that the current pain you are experiencing is because of your pre-existing condition instead of the recent accident. Therefore, it is highly recommended that you hire an experienced personal injury lawyer who can help you collect supportive evidence and build a convincing case.

What is aggravation of a pre-existing condition?

Aggravation of a pre-existing condition means that your previous injuries or illnesses have become worse due to the new injury. Your doctor can evaluate your new injuries to determine whether the aggravation is temporary or permanent. Although pre-existing conditions can add an additional layer of complications to your claim, they usually cannot prevent you from seeking compensation against the at-fault party.

Should I disclose my pre-existing condition or keep it to myself during the legal process?

You should always disclose your pre-existing condition during a personal injury case. You never want to hide this information because it can be used to diminish your credibility. This may make it difficult for your attorney, insurance companies, or the judge or jury to believe your side of the story, which can jeopardize your claim.

Therefore, you should let your attorney know upfront about any illnesses, physical injuries, or mental health conditions that you already had before the current injuries occurred. You may need to provide certain information, documents, and paperwork to establish whether your pre-existing condition was affected or became worse due to the injuries. Even if you think your pre-existing condition is minor, you should still inform your lawyer about it. For example, if you pulled a muscle in your back while working a couple years ago and still have minor back aches from time to time, you should make sure your lawyer is aware of this.

Can a pre-existing condition affect how much compensation I receive?

If you have a pre-existing condition, it can be challenging for your attorney to calculate the compensation you deserve, but it is not impossible. Your attorney will need to take the time to look at the details of your new medical reports as well as your previous medical records to establish a clear difference between your previous condition and your new injuries. They will also need to determine whether your new injuries have aggravated your previous condition and, if so, in what ways and by how much.

Additionally, you and your attorney must be able to show a direct connection between your current injury and how it caused your pre-existing condition to become worse. Providing proof of this will play a very important role in how much compensation you ultimately receive.

Examples of common pre-existing conditions in Oklahoma City personal injury cases

Pre-existing conditions are frequently brought up in Oklahoma City personal injury cases. Therefore, if you know or believe that you have a pre-existing condition, you should not let it intimidate you or keep you from filing a personal injury claim. While insurance companies will certainly try to use this information to their advantage, a capable attorney will know how to present the facts of your case in a way that shows how your pre-existing condition was worsened by your most recent injury. Here are some examples of common pre-existing conditions we see on a regular basis:

• Herniated discs
• Sciatica
• Degenerative disc disease
• Whiplash
• Cervical spondylosis
• Arthritis
• Diabetes
• Fibromyalgia
• Hypertension
• Sprains and strains
• Anxiety
• Depression
• Post-traumatic stress disorder
• Epilepsy
• Parkinson’s disease
• Cardiovascular disease
• Multiple sclerosis
• Asthma
• Pulmonary disease
• Traumatic brain injuries

If another party’s negligence caused your pre-existing condition to become worse, it is critical that you retain a lawyer who can provide advice, help you navigate the complexities of this type of claim, and increase your chances of securing fair compensation. At Cunningham & Mears, our Oklahoma City personal injury attorneys have over two decades of experience with cases involving pre-existing injuries. Even though these cases can become extremely complex, we know that they can be successful with the appropriate strategy and evidence. Call our office or submit our contact form to learn more about how we can assist you today.