Pre existing injuries include any health condition or physical impairment you had before the accident, such as chronic illnesses, prior injuries, surgeries, or old fractures. These can play a major role in a personal injury case.
How Pre Existing Injuries Influence Liability and Damages
- It must be shown whether the accident made your pre existing condition worse and to what extent.
- Causation needs to be established, meaning proving the current harm is related to both the prior condition and the new accident.
- Medical expert testimony is often required to explain aggravation and link the accident to changes in your condition.
How Damages May Be Affected
- Damages awarded may be reduced if part of the injury results from the pre existing condition rather than the accident.
- You or your attorney carry the burden of proof to show how much of your injury is new or worsened by the accident.
- Overall damages must consider your prior medical history when calculating what is fair compensation.
Strategies for Handling Pre Existing Injuries in Claims
- Gather all relevant medical records, including those from before the accident.
- Collect witness statements that may help show how the accident aggravated your prior injury.
- Use expert medical opinions to support your case when negotiating or going to court.
- Build your narrative clearly to show how the accident made your condition worse rather than attributing everything to the pre existing injury.
Dealing With Insurance Adjusters
- Be ready for insurers to downplay or dispute the role of pre existing injuries in your current harm.
- Prepare to counter arguments that your injuries are already present or unrelated to the collision.
- With good evidence and clear medical testimony it is still possible to secure fair compensation even with a pre existing injury.
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