Preexisting Conditions in Personal Injury Claims
In automobile accident cases, it is quite common for an injured party to make a claim for neck or back pain. In fact, spine injuries are among the most common injuries resulting from a car accident. These claims can become more complex if you have ever experienced neck or back pain before the date of the accident. The reality is that many people, especially those who are middle-aged and older, have sought medical attention for these issues at some point in their lives. Degenerative changes in the spine are a natural part of the aging process, and the condition of your spine can also be influenced by your level of activity throughout your lifetime, as well as the type of work you perform – for example, heavy labor versus sedentary office work.
The at-fault party’s insurance company will often attempt to blame your injuries on something other than the accident. A common tactic is to argue that the claimant had a preexisting condition and that they are therefore not responsible for the current injuries. The defense may obtain prior medical records in hopes of finding previous complaints of pain to the same area of the body. They can then argue that the injury existed before the accident and was not caused by it.
It is very important for an injury claimant to be completely honest with their attorney and disclose all prior injuries and accidents. In many situations, while a claimant may have had prior neck or back pain, those issues had already resolved well before the accident in question. When that is the case, prior medical records can help prove that there were no recent problems and that the accident did in fact cause new injuries.
However, honesty is essential. If you fail to disclose prior injuries, or deny them when they actually existed, the insurance company can expose this and use it to challenge your credibility in front of a jury. If a jury does not find you credible, it will be very difficult to win your case.
Even if a person had ongoing issues and pain before the accident, a collision can often make the condition worse. Many jurisdictions allow claims for the aggravation of preexisting conditions. For example, if someone had neck pain before an accident but the crash significantly increased the severity of that pain, a jury may award damages for the aggravation of the prior condition.
The factual and legal issues surrounding preexisting conditions can be complex. For this reason, it is critical to consult with an experienced injury attorney to understand how a preexisting condition may affect your personal injury claim.