How Pre-Existing Conditions Can Impact Your Personal Injury Claim

Dear Reader,

Personal injury claims can become significantly more complex when pre-existing medical conditions are involved. Understanding how these conditions impact your case is crucial if you want to receive the compensation you deserve after sustaining injuries due to someone else’s negligence.

In today’s blog, I’ll cover this topic using the example of a past client, a woman who previously underwent back surgery and subsequently suffered a back injury in an auto collision.

The Case of Ms. Smith: Pre-Existing Conditions and New Injuries

My client, we’ll call her Ms. Smith, had undergone a back surgery to address a herniated disc several years prior to the car accident that brought her to my office.  Despite her surgery, she still experiences occasional back pain and stiffness. Unfortunately, Ms. Smith was rear-ended in a high-speed auto collision caused by another driver’s negligence. As a result of the accident, her back pain flared to an almost unbearable level, and she suddenly found herself suffering from mobility issues.

In cases like Ms. Smith’s, the presence of a pre-existing condition—her previous back surgery—can complicate her personal injury claim.  In fact, that’s just what happened. Her insurance company argued that her current back injuries were merely a result of her pre-existing condition and not the accident itself. They tried to minimize her pain…even deny her claim, citing her medical history as a contributing factor to her injuries.

However, having a pre-existing condition did not automatically disqualify Ms. Smith from seeking compensation for her injuries.  Luckily, a good friend of hers told her about my law firm, and she came to meet with me. I helped her by gathering evidence about how the accident exacerbated her pre-existing condition and caused additional harm.

To strengthen her case, I gathered medical records, expert opinions, and witness testimony to establish a clear link between the auto collision and her worsened back injuries. By demonstrating that the accident directly caused her increased pain and limitations, we thwarted the insurance company’s attempts to downplay her claim.

Navigating a personal injury claim involving pre-existing conditions requires legal expertise and a thorough understanding of medical complexities. I, along with my team, am well-versed in handling such cases and can provide guidance and representation in a case where pre-existing conditions exist but compensation is still needed and deserved.

Pre-existing conditions add layers of complexity to personal injury claims, but they should not deter you from seeking justice after an accident. By understanding how these conditions impact your cases and enlisting the help of an experienced attorney like myself, you can overcome challenges and secure the compensation you need to recover and move forward.

If you or someone you love has been injured due to someone else’s negligence, don’t hesitate to contact my office at 703-761-4343 and 301-949-1515.  With 44 years of experience handling personal injury claims, I’m ready to help in every way I can.

Until next time, please be safe, and NEVER text while driving!

Paul Samakow

Attorney Paul Samakow

703-761-4343 and 301-949-1515