Setareh Law
January 18, 2025
When an accident aggravates a pre-existing condition or injury, it complicates the situation for those seeking fair compensation. If you were injured in an accident that worsened a past injury, you may feel uncertain about whether you’re still entitled to damages for your pain and suffering.
At Setareh Law, we specialize in handling personal injury claims that involve pre-existing conditions. Our skilled attorneys understand how insurance companies try to minimize compensation based on previous health issues, and we’re here to support you in seeking the compensation you deserve, no matter how complicated the case may seem.
What Are Pre-Existing Injuries?
A pre-existing injury or condition is simply one you had before your accident. There are various ways in which pre-existing health issues can impact the outcome of your personal injury claim.
Consider two scenarios:
- A person who has no history of back problems suffers an injury at work, leaving them with chronic back pain and significant recovery time.
- Another person with a pre-existing back issue experiences an accident that aggravates their condition, leading to more pain and additional medical treatment.
In the second case, proving the extent of the new damage caused by the accident is much more complicated, especially regarding the issue of pain and suffering. Insurance companies might argue that the pain is related to the previous condition, attempting to minimize their payout or dispute the severity of the injury.
Types of Pre-Existing Conditions and Injuries
Several pre-existing conditions or injuries often appear in personal injury cases, and understanding their impact is essential. Here are some of the most common examples:
- Chronic neck or back problems
- Prior fractures or broken bones
- History of concussions or head injuries
- Previous sprains or strains
- Conditions such as arthritis, diabetes, or osteoporosis
Even more significant medical conditions like heart disease, cancer, and previous surgeries could play a role in complicating your personal injury case. It’s important to remember that while pre-existing conditions are a factor, they don’t necessarily mean that you aren’t entitled to compensation for additional pain, suffering, or medical treatment resulting from the accident.
Medical Evidence in Pre-Existing Condition Cases
Records that show the extent of your previous injuries, along with detailed notes from medical professionals explaining the new harm caused by the accident, can help strengthen your claim. Medical testimony will also support your position that the incident has significantly affected your health.
An independent medical expert will often be needed to explain how an injury or accident has worsened your pre-existing condition, particularly in cases where long-term effects or future treatment are a concern. These expert evaluations will back up your claims for damages and compensation, particularly when dealing with ongoing care or the long-term impact of your injury.
How to Pursue Fair Compensation With Pre-Existing Conditions
Just because you have a pre-existing condition doesn’t mean you should be denied the right to seek fair compensation. A personal injury lawyer can help demonstrate that the at-fault party is still responsible for the injury or exacerbation of your condition and can advocate to ensure you are appropriately compensated for your current medical needs and the future care required.
Regardless of your previous injuries or illnesses, you have the right to pursue justice. With skilled legal support, you can show that the negligence of another party caused your injury to worsen.
Schedule a Free Consultation With an Experienced Personal Injury Attorney
At Setareh Law, we understand how to handle complex personal injury claims involving pre-existing conditions. Our skilled attorneys know how to build strong cases that show how accidents worsen existing health conditions and help our clients obtain the compensation they need. Whether you’re dealing with a longstanding injury or health issue, we’re here to help guide you through every step of the legal process.
If you’ve experienced an accident that exacerbated a pre-existing injury or condition, don’t wait any longer. Reach out to our office today to schedule your free consultation. Call us at (310) 659-1826 or complete our contact form to schedule a free consultation with one of our knowledgeable attorneys.
