Pre-Existing Conditions: How They Affect Your New York Injury Claim

By Your Health Magazine

If you’ve been injured in an accident in New York, it’s natural to worry that a pre-existing medical condition could affect your personal injury claim. The good news is that prior health issues don’t automatically prevent you from receiving compensation. However, they do add complexity to your case and require careful documentation, expert analysis, and experienced legal guidance.

Consulting a lawyer from Hiller Comerford can help you understand how pre-existing conditions interact with your current injuries and take the right steps to protect your recovery.

Understanding Pre-Existing Conditions in Personal Injury Law

A pre-existing condition is any health issue you had before the accident, whether it’s chronic back pain, arthritis, prior fractures, or previous surgeries. In personal injury claims, insurance companies often argue that current injuries are primarily caused by the prior condition rather than the accident itself. This is particularly common when the accident aggravates an old injury rather than creating a completely new one.

New York law, however, protects injured individuals through the “eggshell plaintiff” rule. This rule holds the at-fault party responsible for the full extent of your injuries, even if your body was more vulnerable than average. For example, suppose someone with a history of shoulder injuries tears a rotator cuff in a fall. In that case, the at-fault party is liable for the entire resulting harm, not just the portion that might have affected an average shoulder. Courts and juries require clear medical evidence to demonstrate how the accident exacerbated the pre-existing condition.

How Pre-Existing Conditions Impact Your Claim

While having a prior condition doesn’t eliminate the possibility of compensation, it influences several key factors in your case. Liability arguments may be affected, as defendants may try to attribute most of the injury to your previous condition. Settlement offers could be reduced, with insurers claiming that only a portion of your medical treatment is related to the accident. Strong medical evidence becomes crucial to differentiate between pre-existing limitations and new injuries caused by the accident. Additionally, showing the long-term impact of the injury on your daily life and future health is essential for ensuring fair compensation.

Dealing With Insurance Adjusters

Insurance adjusters are trained to minimize payouts, and pre-existing conditions are a common area of scrutiny. They often review your entire medical history to suggest that the accident contributed only partially, or not at all, to your current injuries. Adjusters may question the severity of post-accident symptoms and delay or reduce settlement offers by highlighting old injuries or ongoing health issues.

Experienced attorneys counter these tactics by carefully organizing medical records in chronological order, creating clear documentation that highlights changes caused by the accident. They often rely on expert testimony from physicians or physical therapists to explain how the accident aggravated a pre-existing condition. Additionally, detailed records of how daily activities, mobility, and quality of life have changed can further substantiate the claim. This thorough approach helps ensure insurers cannot undervalue the injury or settlement.

Why Legal Guidance Matters

Cases involving pre-existing conditions are more complex than standard personal injury claims. An experienced New York attorney can communicate effectively with insurance companies, determine which aspects of your medical history are relevant, and strategically present evidence to maximize compensation for both economic and non-economic damages. Lawyers also manage correspondence with insurers and handle procedural requirements, preventing mistakes that could otherwise reduce or dismiss your claim. With professional guidance, your case reflects the full impact of the accident on your health, rather than being unfairly limited by past medical history.

Strengthening Your Claim

To strengthen a claim involving a pre-existing condition, it’s important to gather comprehensive medical records, including both pre- and post-accident documentation, and maintain detailed records of pain, mobility limitations, and lifestyle disruptions. Consulting relevant specialists can provide professional insight into how the accident worsened your condition. Working closely with your attorney ensures that all evidence is presented clearly and persuasively.

Key Takeaway

Pre-existing conditions do not prevent you from obtaining compensation in New York. The essential factor is proving how the accident aggravated prior health issues and how it affects your daily life, medical costs, and long-term well-being. With thorough documentation, expert support, and experienced legal representation, you can pursue the settlement or judgment you deserve, even when prior health issues are part of the picture.