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(253) 272-5226If you’ve been injured in a car accident or another incident caused by someone else’s carelessness, that’s already stressful and overwhelming. But what if you were already in pain or dealing with a medical issue before the accident?
You might wonder if that hurts your chances of filing a personal injury claim, or how the insurance company will treat your situation. Let’s walk through what you should know.
A pre-existing condition is any medical issue you had before the accident. This could range from chronic back pain to more serious conditions like cancer.
These conditions are very common. Many of us have past injuries or health issues that we’ve seen a doctor for. But if you already had a condition and were then in an accident, it can complicate your claim.
Here are a few examples of medical issues that might come up in a claim:
Sometimes, these issues are from an earlier car accident or injury—and that’s OK. It doesn’t automatically hurt your case.
Insurance companies may try to downplay your injuries by blaming them on your old condition instead of the recent accident. Their goal? To offer you less money.
It’s frustrating, but it happens. That’s why it’s important to understand how to protect yourself and your claim.
Here’s the good news: Washington law protects people who have pre-existing conditions through something called the eggshell skull rule.
This rule says that the at-fault person is fully responsible for your injuries, even if you were more likely to get hurt because of a prior condition.
Let’s say Suzy had chronic back pain before her crash. Then she gets rear-ended by a distracted driver. Now her back pain is much worse, and she needs more treatment. Under the eggshell skull rule, the insurance company can’t use Suzy’s back pain as a reason to pay less. In fact, they’re responsible for the added pain, treatment, and trouble she’s facing because of the crash.
So no, a pre-existing condition doesn’t mean you can’t get compensation. You still have rights, and a claim worth fighting for.
Even though the law supports you, you’ll still need to prove your injuries. Here are a few ways to strengthen your case:
The burden of proof is on you, the victim. The stronger your evidence, the harder it is for the insurance company to deny your claim.
We’ve talked about a few ways you can build a strong injury claim when you have a pre-existing condition. But it’s just as important to avoid some common mistakes:
It might feel tempting to downplay or leave out your medical history, especially if you’re worried it will weaken your case. But honesty, backed by good documentation, is one of the best ways to protect your claim.
A personal injury lawyer can make a big difference in a case involving pre-existing injuries.
They know how insurance companies work and how to push back. They can help gather the documentation, locate medical experts, and more to tell the story of your injuries. In fact, a skilled lawyer may even turn your pre-existing condition into a strength by showing how the accident clearly made things worse.
At Ladenburg Law, we offer free consultations and only charge a fee if we win you a settlement. That means there’s no risk in reaching out to see if we can help.
If you or a loved one has been seriously hurt in an accident, don’t wait. Contact the team at Ladenburg Law today. We’re proud to serve Tacoma and the surrounding areas with compassion and results.
Call us at (253) 272-5226 or fill out the short form on our website, and we’ll be in touch soon.