When making a claim for damages due to injuries suffered in an accident, the presence of pre-existing health conditions can significantly influence the outcome. Understanding how these conditions interact with your claim is vital in securing fair compensation.

Pre-existing conditions are any health problems that you may have endured prior to the accident in question. These can include any of the following:

• Chronic illnesses — Conditions like diabetes, asthma, arthritis, or cardiovascular diseases may affect various aspects of health over long periods.

• Previous injuries — You may have suffered injuries from past accidents or activities, such as a torn ligament from a previous football injury or a slipped disc from heavy lifting.

• Degenerative conditions — Age-related ailments like osteoporosis or degenerative disc disease can make individuals more susceptible to new injuries.

The relevance of a pre-existing condition is that it may exhibit symptoms and indications similar to those asserted to have been caused by the current accident.

During the course of a personal injury claim, you must disclose any relevant medical history. This is required by insurance policy terms, and you will certainly be questioned about any pre-existing conditions either by insurance adjusters or defense counsel. Failure to disclose these conditions can lead to accusations of fraud or misrepresentation, potentially derailing your claim.

Although the purpose of disclosure is to permit a fair assessment of how the accident impacted your health compared to your baseline state, insurance companies and their counsel often make aggressive use of this information. To minimize the payout, they may attempt to argue that the injuries claimed are not the result of the accident but merely manifestations of pre-existing conditions. For instance, if someone with a prior back injury from a fall is involved in a car accident and then claims back pain, the defense might argue that the pain is due to the previous injury and not the accident.

Claimants can use pre-existing conditions strategically by demonstrating how they were worsened by the current accident. This might be an increase in pain, a decrease in mobility, or an escalation in the severity of symptoms. This can be proved through:

1. Documentation from healthcare providers, showing treatment specific to the worsening of the condition after the accident

2. Medical records that show the condition before and after the accident are crucial. This might include MRI scans, X-rays, and doctor’s notes that document changes in the condition post-accident.

3. Expert testimony on how an accident could exacerbate a pre-existing condition. Their professional opinion can help establish a causal link between the accident and the intensified symptoms.

A skilled personal injury attorney can make a comprehensive showing a marked difference in the severity of symptoms or the level of disability before and after the accident, thereby substantiating claims that the accident had a detrimental impact. 

Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven represents Connecticut residents who have been injured in all types of accidents. Please call 203-745-0942 or contact us online to set up a meeting with one of our attorneys.