A pre-existing condition can affect a personal injury claim by giving an insurance company more reasons to question the cause, severity, or value of an injury. However, having a previous medical condition does not automatically prevent an injured person from seeking compensation. The key issue is often how the accident changed the person's physical condition and daily life.
Everett, Washington, is a busy city in Snohomish County with residential areas, commercial districts, and major roads carrying local and regional traffic. Accidents in the area can leave people dealing with new injuries or make existing health problems significantly worse. An Everett personal injury lawyer can help explain how the prior condition may affect the claim and what evidence can show the impact of the accident.
How Can a Pre-existing Condition Change a Personal Injury Claim?
The biggest effect is that the insurance company may investigate the person's medical history more closely.
For example, someone with an old back problem may suffer a serious back injury in a car accident. The insurer might argue that the back pain was already present and was not caused by the crash.
The injured person may need evidence showing what their condition was like before the accident and how it changed afterward.
How Can an Accident Make an Existing Condition Worse?
An accident does not have to create an entirely new medical problem to cause compensable harm. A person may already have a condition that was manageable before an accident but becomes substantially worse afterward.
The accident could lead to:
- Increased pain
- Reduced mobility
- Additional medical treatment
- New medications
- Physical therapy
- Surgery
- Difficulty working
- Problems performing normal activities
The difference between the person's condition before and after the accident can be important when evaluating the claim.
How Can Insurance Companies Use Medical History?
Insurance adjusters may request medical records from before and after the accident. They may look for evidence of similar symptoms or previous treatment.
An insurer may then argue that the accident did not cause the current condition or that some of the requested compensation relates to a problem that existed before the accident.
This is why having a clear medical history can be important. Records showing that symptoms became more severe after the accident may help address these arguments.
How Can Medical Evidence Help?
Medical evidence can show the connection between the accident and the person's worsened condition.
Doctors may review previous records and compare them with examinations and testing performed after the accident. This can help establish whether there was a meaningful change in the person's condition.
Useful evidence may include:
- Medical records from before the accident
- Medical records after the accident
- Diagnostic imaging
- Doctor evaluations
- Treatment records
- Prescription information
- Physical therapy records
- Medical bills
The more clearly the records establish the timeline, the easier it may be to explain what changed.
Can a Pre-existing Condition Affect Compensation?
It can affect how damages are calculated and disputed. An insurance company may attempt to separate the harm caused by the accident from symptoms or limitations that existed beforehand.
For example, if someone already had mild knee pain but an accident causes significant mobility problems and requires surgery, the claim may focus on the additional harm caused by the accident.
Washington's comparative fault rules can also affect personal injury damages. Revised Code of Washington § 4.22.005 defines comparative fault and provides a framework for allocating fault in applicable civil claims.
Why Is the Person's Condition Before the Accident Important?
The person's baseline condition can provide a useful comparison.
Suppose someone was working full-time, exercising regularly, and managing an existing condition without major limitations before an accident. Afterward, they may be unable to work, exercise, or perform ordinary household activities.
Evidence of this change can help demonstrate the accident's impact.
Employment records, medical records, photographs, and testimony from people who knew the injured person before the accident may all help establish the difference.
Should You Disclose a Pre-existing Condition?
Yes. Providing accurate medical information is important. Attempting to hide a previous condition can create credibility problems if the insurance company discovers it through medical records.
Instead, the focus should be on explaining how the accident affected the condition.
A previous diagnosis does not necessarily mean that every symptom after an accident came from that diagnosis. The timing, medical evidence, and changes in the person's condition all matter.
Key Takeaways
- A pre-existing condition can make an injury claim more closely scrutinized.
- Insurance companies may review medical records from before the accident.
- An accident can worsen an existing condition and still result in a valid injury claim.
- Medical records can show how the person's condition changed.
- Employment and daily activity records can help demonstrate the accident's impact.
- A person should be honest about previous medical conditions.
- Washington comparative fault rules may affect damages in applicable cases.
- The focus should be on the harm caused or worsened by the accident.