Being involved in a car accident is difficult enough. But for those with pre-existing conditions, the battle for fair compensation can feel like an even steeper uphill battle. Pre-existing conditions often become a target that insurance companies use to minimize payouts.
However, the law is clear: you have the right to pursue full compensation, regardless of your medical history. Legal protections exist to ensure justice is accessible if an accident worsens existing injuries. You are entitled to seek compensation for this additional harm.
However, despite these safeguards, individuals with pre-existing conditions still encounter hurdles when pursuing compensation after a car accident. To truly address these challenges, it’s important to understand how insurance companies operate in cases involving prior injuries — and the strategies that can help overcome these hurdles.
How Do Insurance Companies Exploit Pre-Existing Conditions?
Insurance companies are in the business of minimizing payouts. When they uncover a claimant’s pre-existing condition, it’s often seen as an opportunity to reduce their liability. This tactic is wrapped in the guise of “due diligence,” but in reality, insurers frequently wield pre-existing conditions as a tool to discredit injury victims.
One common strategy is the excessive demand for medical records. Insurers may request years of medical history, claiming they need a complete picture to determine what injuries were caused by the car accident versus what existed prior.
Another method insurers use is shifting blame for the severity of the injury. They frequently claim that because the claimant’s condition wasn’t ideal to begin with, the accident wasn’t the primary cause of the current pain or disability. But just because someone has a pre-existing condition doesn’t negate the impact of an accident. Even low-speed impacts can weaken already vulnerable areas, creating significant new harm.
Finally, insurers may argue that future treatments are unnecessary or unrelated to the accident. When doctors recommend surgeries or other treatments, insurers can insist these issues stem solely from the claimant’s medical history, not the crash. This burdens plaintiffs with proving that the treatments directly address accident-related injuries.
These strategies are designed to frustrate claimants and wear them down, but they can be successfully countered.
You Have the Right to Pursue Damages
Thanks to a protective legal doctrine known as the Eggshell Skull Rule, injury victims are shielded from unfair treatment. To put it simply, this doctrine holds negligent parties accountable for the aggravated harm they caused, regardless of the victim’s existing health issues.
This principle is particularly crucial for cases involving minor impacts that have outsized effects on individuals with pre-existing conditions. A low-speed collision may not seem devastating to a healthy person, but for someone with a disc herniation or advanced degeneration, even a small impact can cause dramatic consequences.
Understanding how your case falls under this principle is key to receiving fair compensation. To successfully link injuries to the accident, lawyers have to prove one essential element: aggravation.
Proving Aggravation of a Pre-Existing Condition
Winning a car accident claim involving pre-existing conditions hinges on the ability to prove that the crash caused new injuries or worsened existing ones. This process requires meticulous evidence gathering and often involves collaboration between legal and medical professionals.
The foundation of a strong claim lies in comparing your health before and after the accident. Medical records are essential in making this connection. For instance, in one of our cases, a woman with pre-existing degenerative disc disease experienced a significant worsening of her condition after a 40 mph rear-end collision. By using diagnostic imaging and treatment records, we were able to show that the crash caused new herniations and aggravated her degeneration. Such documentation is critical for demonstrating the direct impact of the accident.
Expert testimony also plays a key role in strengthening these claims. Medical professionals who treated you after the accident can provide detailed explanations of how the trauma aligns with and exacerbates pre-existing injuries. For example, in the case of a highway patrolman involved in a head-on collision, his treating physicians were able to highlight how the crash intensified his pre-existing disc issues.
These Cases Can Be Won
Securing significant financial compensation for clients with pre-existing conditions is achievable with careful case preparation and advocacy.
Case 1: 55-Year-Old Woman Rear-Ended on East Lincolnway
In one case, a 55-year-old woman was rear-ended at 40 mph while stopped on East Lincolnway. She suffered disc herniations, a torn rotator cuff, and an aggravation of degenerative disc disease. Despite her refusal to undergo a spine fusion surgery recommended by a specialist, her attorneys secured a $100,000 policy limits settlement post-suit. This amount covered $30,000 in medical bills and provided her with additional compensation for her pain and suffering.
Case 2: 45-Year-Old Highway Patrolman in Head-On Collision
Another success involved a 45-year-old highway patrolman who was injured in a low-speed head-on collision during an interstate chase. The crash caused a disc herniation and worsened his pre-existing degenerative disc disease, resulting in $35,000 in medical expenses. His legal team skillfully negotiated a $210,000 settlement, combining $50,000 from the third-party carrier and $160,000 in underinsured motorist benefits.
Case 3: 58-Year-Old Woman Rear-Ended at a Red Light
Finally, a 58-year-old woman stopped at a red light was rear-ended, leaving her with two broken ribs, soft tissue injuries, a rotator cuff tear, and an aggravated spine condition. Despite her significant pre-existing degeneration, she received a $100,000 pre-litigation settlement, including $50,000 from the third-party carrier. Her medical bills totaled $61,000.
These outcomes demonstrate that, even in cases involving pre-existing conditions, meaningful settlements can be achieved by thoroughly documenting injuries and strategically building each claim.
Contact a Wyoming Personal Car Accident Today
Facing a car accident claim with a pre-existing condition can be a struggle. Insurance companies may try to exploit your health history to deny you rightful compensation. But you’re not without recourse. Legal principles allow negligent parties to be held accountable regardless of a victim's vulnerabilities. Our results show that fighting for fair compensation is worth the effort.
If you’ve been hurt in a car accident, don’t be discouraged. With an experienced personal injury attorney by your side, you can build a case that overcomes insurer pushback and proves the true extent of your injuries.
Call (307) 222-4932 or contact us online for a free consultation with a lawyer who will fight for what you deserve. We serve Wyoming, including Cheyenne and Star Valley.