Assisting Clients In Achieving Success By Providing High-Quality Services

Can pre-existing injuries affect your personal injury claim?

When you file a personal injury claim, the other side may try to argue that your injuries did not come from the accident. Instead, they may say your pain comes from a condition you already had. In Arizona, this issue comes up often because many people have pre-existing health problems. Knowing how this affects your case can help you protect your right to fair compensation.

Understanding pre-existing injuries 

A pre-existing injury is a medical condition or past injury that you had before the accident. Common examples include back problems, knee injuries, or chronic conditions. Insurance companies may try to reduce your claim by pointing to these health issues. They argue that the accident did not cause your pain but only brought back old symptoms.

How Arizona law treats pre-existing conditions 

Arizona law allows you to seek compensation if an accident made your pre-existing condition worse. This is known as the “eggshell plaintiff” rule. In simple terms, the law says the at-fault party must take you as they find you. If the accident worsened your condition or caused new problems, you have the right to recover damages. The challenge comes in proving how much of your pain comes from the accident versus your old injury.

Proving your claim 

To strengthen your case, medical records play an important role. Doctors can explain how your condition changed after the accident. Testimony from medical professionals can also show the difference between your old health issues and the new injuries. The clearer the evidence, the harder it is for an insurance company to deny your claim. Keeping detailed treatment records after the accident can also help prove your case.

Having a pre-existing condition does not prevent you from filing a claim in Arizona. What matters most is showing how the accident made your health worse. If you can prove the accident caused new problems or aggravated old ones, you can still recover damages. With strong medical evidence, you can overcome insurance company arguments and secure fair compensation.

Archives

RSS Feed

FindLaw Network