When you’re injured in an accident, the physical and emotional toll can be overwhelming. If you have a pre-existing condition, such as a prior injury, chronic illness, or previous surgery, you may wonder how it could affect your injury claim. At Losi & Gangi, we understand that navigating the complexities of workers’ compensation and personal injury claims can be challenging, especially when dealing with pre-existing conditions. Here’s what you need to know.

What Are Pre-Existing Conditions?

A pre-existing condition is any health issue or injury that existed before the accident in question. This could include:

• Previous injuries (e.g., a prior car accident, fall, or workplace injury)
• Chronic conditions (e.g., arthritis, diabetes, heart disease)
• Surgeries or medical treatments (e.g., knee replacement, back surgery)
• Mental health conditions (e.g., depression, anxiety, PTSD)

These conditions are important because they may interact with the new injury and influence the course of treatment and the claim.

How Pre-Existing Conditions Affect Injury Claims

1. Impact on Recovery A pre-existing condition can impact how you recover from a new injury. For instance, if you have a previous back injury, a new work-related injury could exacerbate your symptoms, prolong recovery, or make you more susceptible to further damage. Insurance companies and defense attorneys may argue that your pre-existing condition is responsible for some or all of your symptoms, rather than the new injury.
2. The “Aggravation” Rule If an accident aggravates or worsens an existing condition, you may still be entitled to compensation. In many states, workers’ compensation laws allow for claims based on the aggravation of a pre-existing condition, even if the injury was not solely caused by the accident. For example, if you hurt your back while lifting at work, but you had a previous back injury, you can claim compensation for the added damage caused by the new injury.
3. Insurance Company Tactics Insurance companies may try to reduce the value of your claim by attributing your symptoms to a pre-existing condition rather than the accident. This can be a tricky and frustrating part of the claims process. They may ask for extensive medical records, attempt to prove that your injury is not as severe as claimed, or argue that your pre-existing condition is the main cause of your pain.
4. Medical Documentation is Key One of the most important aspects of handling a claim with a pre-existing condition is clear and thorough medical documentation. A strong case will involve demonstrating how the new injury was caused or aggravated by the accident. Your treating physician should document the connection between the new injury and the pre-existing condition, showing how the accident made your condition worse. This can strengthen your case and counter any arguments from insurance companies.

Tips for Managing Your Injury Claim with a Pre-Existing Condition

1. Consult an Experienced Attorney If you have a pre-existing condition and have been injured, it’s essential to work with an experienced personal injury or workers’ compensation lawyer. At Losi & Gangi, we can help you navigate the complex process of proving that your current injury is related to the accident, not just a flare-up of a pre-existing condition.
2. Keep Detailed Medical Records Your medical history is vital in these cases. Be sure to keep records of any treatment for both your pre-existing condition and the current injury. This documentation helps your attorney build a case that clearly differentiates the two and shows how the accident affected your health.
3. Don’t Settle Too Quickly It can be tempting to settle your claim quickly, especially if you’re facing medical bills and lost wages. However, settling too soon could result in a lower payout, especially if you haven’t fully understood how your pre-existing condition is interacting with your current injury. Consult with an attorney before agreeing to any settlement.
4. Understand Your Rights Even with a pre-existing condition, you have the right to compensation if you’re injured at work or in an accident. It’s important to understand that just because you had a prior injury or condition does not mean you are not entitled to full compensation for the new injury. A legal professional can help ensure you receive the benefits you deserve.

While pre-existing conditions can complicate injury claims, they do not eliminate your right to compensation. If your current injury is related to an accident or aggravated by an incident at work, you may still be entitled to benefits. At Losi & Gangi, we have experience helping clients with pre-existing conditions successfully navigate personal injury and workers’ compensation claims. If you have questions or need assistance, don’t hesitate to contact us for a consultation.

Remember: You don’t have to face this process alone. Let us help you get the compensation you deserve, no matter your medical history.