Pre-existing Medical Condition and Personal Injury Cases
If you’ve never been involved in a personal injury claim, the term “pre-existing medical condition” may be unfamiliar. Understanding the difference between a new injury and an exacerbation of a pre-existing medical condition is essential in personal injury cases.
This distinction can impact the outcome of your case. Often, the defense attorney and the insurer for the person who injured you may argue that your injuries from a motor vehicle accident, slip and fall, or other incident are not new. Instead, they may claim these are related to a pre-existing medical condition. They make this argument to try to reduce the value of your claim. They may suggest that the incident only worsened an existing condition, rather than causing a new injury. This argument can lead to lower compensation than if no pre-existing medical condition existed.
What Is an Exacerbation of a Pre-existing Medical Condition?
A pre-existing medical condition refers to any medical issue or injury you had before the incident in question. For instance, this often comes up in motor vehicle accidents, especially rear-end collisions. Someone with a history of back pain might suffer a back or spine injury due to the accident. The defense might then argue that any prior reports of back pain, along with past treatments, indicate a pre-existing condition. They may further claim that the accident only slightly worsened this condition and does not warrant significant damages.
How to Respond to This Argument
The defense, which raises this argument, carries the burden of proving you had a pre-existing injury before the incident. This proof can be challenging, especially if, for example, your primary care physician noted past back pain but never ordered imaging or X-rays. Age-related degeneration in the spine, which is common for those working in office settings, can add complexity. The defense may use this as an excuse to reduce their liability for the consequences of the incident caused by their client’s negligence.
Contact Schwed, Adams & McGinley
At Schwed, Adams & McGinley, P.A., our experienced personal injury attorneys have over 200 years of combined experience representing accident victims in Florida. We’ve seen numerous cases where defense attorneys and insurers attempt to argue that our clients’ injuries were pre-existing. However, we’ve repeatedly proven these injuries were new and directly caused by the incident. If you or a loved one has been injured in an accident due to someone else’s negligence, reach out to Schwed, Adams & McGinley, P.A. at 877-694-6079 or contact@schwedlawfirm.com for a free consultation.