Personal Injury Claims Involving Pre-Existing Injuries

May 2, 2022 | Personal Injury

Car crashes or other accidents can happen to anyone, regardless of age or health. But while a pre-existing injury or condition should not have any bearing on a personal injury claim, insurance companies may use a pre-existing issue as an excuse to deny or reduce the value of your claim. If you have major medical bills or other expenses from the accident, having your claim denied or reduced could be financially devastating.

The Colorado personal injury attorneys at Earl & Earl, PLLC, can help if you have been in an accident and have a pre-existing injury or health condition. Although our personal injury lawyers have handled thousands of cases, we can offer personalized and individual assistance in making a strong case for compensation. We offer free consultations to new clients, so get in touch today to learn more about how we can help you.

What Are Considered Pre-Existing Conditions?

A pre-existing condition is any illness, injury, or other medical condition that you have prior to an accident. For example, if you suffered a previous back injury, it would likely be considered a pre-existing condition. Other examples of pre-existing conditions include:

● A prior neck or head injury

● Any prior surgeries you have had

● Chronic heart or respiratory conditions

● Degenerative disc or joint disease

● Arthritis

● Diabetes

● Osteoporosis

● Mental health disorders

Should I Mention Any Pre-Existing Conditions While Filing a Claim?

You should disclose any pre-existing conditions when you file an insurance claim or personal injury lawsuit after an accident, as failing to disclose a condition may give the insurance company grounds to dismiss your claim. However, you should also be careful about how you disclose the prior condition. By talking to a lawyer about your pre-existing condition, they can evaluate your medical history and advise you on how to talk to the insurance company about a past injury or illness.

Will I Be Able To File a Claim If I Have Pre-Existing Injuries?

A pre-existing condition does not bar you from recovering compensation for new injuries or for a prior condition that has been reaggravated or worsened by an accident. With the right lawyer on your side,

you may be able to claim compensation for any treatment you need for a reaggravated injury or exacerbated condition.

Laws Regarding Pre-Existing Conditions

Like most states, Colorado law follows a legal principle commonly known as the “eggshell skull” rule in personal injury cases. This rule states that a plaintiff’s pre-existing condition or frail state cannot be used as a defense. In other words, an insurance company is not allowed to use your pre-existing condition against you if you file a lawsuit.

Filing An Insurance Claim and Lawsuit

To minimize the hassle involved in an insurance claim or lawsuit after an accident, you should seek help from an experienced Colorado personal injury lawyer. The team at Earl & Earl, PLLC, can help you put together a strategy to counter any allegations by an insurance company that you are to blame for your injuries in an accident. We refuse to let our clients be taken advantage of by insurance companies, and we will help fight for maximum compensation.

Hiring An Attorney To Help With My Personal Injury Case

In Colorado, you only have two years after an accident to file a personal injury lawsuit, so it is in your best interest to talk to a lawyer right away. We would be honored to be part of your trusted team, so contact Earl & Earl, PLLC, today for your free initial consultation.