Injured in a car accident with a pre-existing condition? You may still get compensation. Learn how to protect your rights. Call now for a free consultation!
If you have a pre-existing condition and are injured in a St. Louis car accident, you may be wondering whether insurance will cover your injuries. Insurance companies often try to minimize payouts, and having a pre-existing condition can sometimes complicate the claims process. However, having a prior injury or medical condition does not disqualify you from receiving compensation if the accident worsened your condition. Understanding how insurance companies handle these situations can help you navigate the claims process effectively.
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How Insurance Companies View Pre-Existing Conditions
Insurance companies assess claims based on medical evidence and liability. When a person with a pre-existing condition is injured in an accident, insurers will investigate whether the accident aggravated or worsened the condition. This is known as the “eggshell skull rule,” which states that a defendant is liable for the victim’s injuries even if the victim was more susceptible to harm due to a pre-existing condition.
However, insurers may attempt to deny or reduce your claim by arguing that your injuries were not caused by the accident but rather stem from your prior condition. To counter this, you will need medical documentation demonstrating how the accident exacerbated your injury.
Proving That the Accident Worsened Your Condition
To receive compensation, you must provide evidence that the accident directly impacted your health. Steps to strengthen your claim include:
- Medical Records Before and After the Accident – Providing documentation of your condition before the accident can help prove that your injuries worsened as a direct result of the crash.
- Doctor’s Statement – A medical professional can provide an expert opinion on how the accident affected your health and whether it aggravated your pre-existing condition.
- Accident Reports – Police and accident reports serve as evidence to show that another party was at fault, which strengthens your case.
- Witness Testimony – Statements from people who saw the accident or knew of your condition before and after the crash can support your claim.
Common Pre-Existing Conditions Affected by Car Accidents
Certain pre-existing conditions are more susceptible to being aggravated in a car accident, including:
- Back and Neck Injuries – A previous herniated disc or chronic back pain may worsen after a collision.
- Arthritis – Joint pain and stiffness can become significantly worse due to trauma from the accident.
- Head Injuries – If you previously suffered a concussion or brain injury, another impact can increase symptoms.
- Soft Tissue Injuries – Conditions like tendonitis or prior muscle injuries can be exacerbated by whiplash.
- Degenerative Disc Disease – This condition, which causes spinal disc deterioration, can be aggravated by the force of an accident.
Challenges in Receiving Compensation
Even when you provide medical evidence, insurance companies may still challenge your claim by:
- Arguing That Your Injuries Were Pre-Existing – Insurers may try to claim that your injuries were unrelated to the accident.
- Denying That the Accident Worsened Your Condition – They might suggest that your symptoms are a natural progression of your prior condition rather than the result of the crash.
- Offering a Low Settlement – Insurers often offer a minimal payout, hoping you will accept it without further negotiation.
How to Protect Your Rights
To ensure you receive fair compensation, consider the following steps:
- Seek Immediate Medical Attention – A doctor’s assessment right after the accident can link your injuries to the crash.
- Be Honest About Your Pre-Existing Condition – Concealing prior injuries can harm your credibility and weaken your claim.
- Consult an Experienced Personal Injury Attorney – A lawyer can advocate for you and negotiate with the insurance company to maximize your compensation.
- Do Not Accept the First Settlement Offer – Initial offers are often lower than what you may be entitled to; an attorney can help you evaluate a fair settlement.
Frequently Asked Questions
Will insurance cover my injury if I have a pre-existing condition?
Yes, insurance may still cover your injury if the accident aggravated or worsened your pre-existing condition. However, insurance companies often try to minimize payouts by arguing that your injuries were pre-existing. Providing strong medical documentation can help prove that the accident caused further harm.
How do insurance companies handle pre-existing conditions in car accident claims?
Insurance companies assess whether the accident aggravated your condition. Under the “eggshell skull rule,” an at-fault party is liable for the full extent of a victim’s injuries, even if they had a pre-existing condition. However, insurers may attempt to deny or reduce your claim by arguing that your symptoms stem from your prior condition rather than the accident.
What evidence can prove my accident worsened my pre-existing condition?
You can strengthen your claim by providing:
- Witness Testimony – Statements supporting your claim.
- Medical Records Before and After the Accident – Showing how the accident worsened your condition.
- Doctor’s Statement – An expert opinion linking the accident to your injury.
- Accident Reports – Evidence of fault and accident details.
What are common pre-existing conditions aggravated by car accidents?
Certain conditions are more likely to worsen after an accident, including:
- Degenerative Disc Disease – Spinal disc deterioration may worsen due to the force of the crash.
- Back and Neck Injuries – Herniated discs or chronic pain may become more severe.
- Arthritis – Joint pain and stiffness can worsen.
- Head Injuries – Previous concussions or brain injuries can be exacerbated.
- Soft Tissue Injuries – Conditions like tendonitis or muscle injuries may be aggravated.
How can I protect my rights after a car accident with a pre-existing condition?
To ensure you receive fair compensation:
- Do Not Accept the First Settlement Offer – Insurance companies often start with a low offer.
- Seek Immediate Medical Attention – A doctor can document the impact of the accident on your condition.
- Be Honest About Your Pre-Existing Condition – Concealing prior injuries can weaken your case.
- Consult an Experienced Personal Injury Attorney – A lawyer can negotiate on your behalf.
Should I accept the first settlement offer from the insurance company?
No, initial settlement offers are typically lower than what you may be entitled to. Insurance companies may try to minimize payouts, so consulting a personal injury attorney can help you evaluate the offer and negotiate for a fair settlement.
Can a St. Louis car accident lawyer help me if I have a pre-existing condition?
Yes, a St. Louis car accident lawyer can help you gather medical evidence, negotiate with the insurance company, and fight to maximize your compensation. Contact The Hoffmann Law Firm for a free consultation at (314) 361-4242.
Speak to a St. Louis Car Accident Attorney
Having a pre-existing condition does not mean you cannot recover compensation after a car accident. If the crash aggravated your condition, you are entitled to seek damages. Insurance companies may attempt to minimize payouts, but with the right medical documentation and legal support, you can build a strong case for compensation.
If you or a loved one have been injured in a car accident and are dealing with a pre-existing condition, don’t let insurance companies deny you the compensation you deserve. Call The Hoffmann Law Firm today for a free consultation! Our experienced St. Louis car accident attorneys will fight to protect your rights and ensure you receive the maximum compensation possible. Contact us now at (314) 361-4242 or fill out our online form to get started!
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