Imagine you’ve suffered a back injury in a car accident on Transit Road or on I-90. At first, you feel some peace of mind, knowing your insurance will cover your expenses and get you back on your feet. Then, you remember: Your back hasn’t been the same since you tweaked it at work a few years ago.
Having a pre-existing condition can give insurance companies a reason to deny payment for your medical bills. It’s understandable to worry about getting the compensation you need, but your pre-existing injury doesn’t disqualify you from having a valid claim.
This guide from the trusted legal team at Richmond Vona will explain how pre-existing injuries can affect your personal injury claim—and how you can recover compensation regardless.
ON THIS PAGE
- How Insurance Companies Can Use Pre-Existing Injuries Against You
- How You Can Still Pursue a Claim With a Pre-Existing Injury
- The Evidence You’ll Need to Prove Your Existing Injury Was Aggravated
- Why You Need an Attorney If You Have a Pre-Existing Injury
- How Richmond Vona Can Help With Your Pre-Existing Injury Claim
How Insurance Companies Can Use Pre-Existing Injuries Against You
If you have a pre-existing injury, insurance companies can argue that your accident didn’t result in any new injuries—claiming that most or all of your pain and other symptoms are from your old injury instead. This is a common insurer tactic to avoid paying fair compensation after an accident.
For example, if the insurance company points to your work injury as the likely cause of your back pain after your car accident, you may need significant medical evidence to overcome that argument. However, if you can demonstrate that the accident made your back injury worse, that can still serve as the basis for a personal injury claim.
How You Can Still Pursue a Claim With a Pre-Existing Injury
Under New York law, a pre-existing injury does not automatically prevent you from recovering compensation after an accident. If the accident aggravated, exacerbated, or worsened your existing condition, you may be able to recover damages for the additional harm caused by that aggravation.
In other words, you generally cannot recover for the pre-existing condition itself, but you may recover for the difference between your condition before the accident and your condition afterward. In car accident cases, however, New York’s no-fault rules may limit what you can recover unless you meet the state’s serious injury threshold.
The Evidence You’ll Need to Prove Your Existing Injury Was Aggravated
Strong medical evidence is the key to getting past insurance company defenses and winning full compensation for the aggravation of a pre-existing injury. Types of evidence that can help show the gap between your condition before and after the accident include:
- Medical records showing the baseline of your pre-existing injury, such as test results and doctor’s notes
- New imaging and treatment records showing how your condition has changed post-accident
- A statement from your doctor explaining their professional opinion that the accident aggravated your pre-existing injury
- Notes and any other documentation showing the increased impact of your injury on your daily life, including experiencing more intense and lasting pain, needing more frequent treatments, and losing the ability to perform certain daily tasks
Why You Need an Attorney If You Have a Pre-Existing Injury
Pre-existing injury claims are complex, and insurance companies will fight harder knowing they have an excuse to potentially minimize or eliminate their liability. Without a trusted New York personal injury lawyer, insurance companies will assume that you don’t understand your rights and will push you to accept a lowball settlement offer.
An experienced attorney can give you the legal firepower to fight back and secure well-deserved compensation. Your lawyer can help you:
- Gather key medical records and use them to demonstrate your condition before and after the accident
- Coordinate with doctors and medical experts for professional opinions backing up your claims
- Circumvent common insurance company arguments and tactics
- Negotiate aggressively against insurer claims of “no aggravation”
- Understand New York’s pre-existing condition laws and apply them to your case
How Richmond Vona Can Help With Your Pre-Existing Injury Claim
If you have a pre-existing injury and the insurance company is threatening to pay you nothing, you need a firm that will get results while providing focused, attentive service. At Richmond Vona, we turn powerlessness into protection, providing clarity and leverage when the system is working against you.
We’re serious about your case and serious about you. With offices across New York, including in Buffalo, Niagara Falls, Rochester, and West Seneca, we have recovered over $200 million for people like you while prioritizing frequent communication, honest advice, and compassionate service. To learn more about how we can help you, reach out online or call us today at 716-500-5678 for a free consultation.
