Will a Pre-Existing Condition Hurt My Car Accident Injury Case?

September 10, 2021

After a car accident, defense attorneys and insurance adjusters will thoroughly examine your accident claim to find any reason their client isn’t liable for your injury. They may attempt to put your entire life under a microscope, reviewing your behavior as though you are guilty of fraud, examining every pre-existing condition, and trying to find every reason to blame you for the accident.

Your Medical History

An insurance company or defense attorney will search through your medical records for pre-existing conditions or injuries that they believe help prove their client isn’t liable for the injuries suffered in your accident. They may argue that all or some of your damages are not eligible for compensation due to the information contained in your medical history.

What is a Pre-Existing Condition or Injury?

Any symptoms from past medical conditions and prior injuries will be considered pre-existing conditions or when you are later injured in a car accident. Some examples of pre-existing conditions include:

  • Arthritis
  • Back Injuries
  • Congenital Conditions
  • Herniated Discs
  • Knee Injuries
  • Neck Injuries
  • Shoulder Injuries

Whether you suffer from one of the listed conditions or another pre-existing condition or injury, you should not be discouraged from seeking compensation for your accident injuries. Injury victims who regularly see their doctor for past medical treatments may often have an easier time proving their injury resulted from the accident than those who do not see their doctor regularly.

Can a Pre-Existing Condition Hurt My Car Accident Settlement?

Pre-existing conditions do not automatically bar you from financial recovery in Kentucky. A car accident did not cause your pre-existing condition; however, it can worsen the condition. If you have been hurt in a way that is independent of your pre-existing condition or if the accident aggravated or exacerbated a pre-existing injury, you can still recover damages.

Hire a Car Accident Attorney Who Gets the Settlement You Deserve

A lawyer can help you navigate the process, proving that the accident exacerbated your pre-existing condition or injury, and fight for maximum financial compensation. 
At Saladino & Schaaf, our personal injury attorneys have over 75 years of combined experience representing Kentuckians involved in car accidents. Contact one of our attorneys today to discuss your case at 270-444-0406 (Paducah) / 270-753-1529 (Murray) or contact us online for a free case evaluation.




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Pre-Existing Condition & Insurance




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Saladino & Schaaf, PLLC is dedicated to providing high quality, aggressive legal representation to victims of personal injury and wrongful death. Since 1984, this firm and its predecessors have had one goal in mind – to help the victims of personal injury put the pieces of their lives back together.

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