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Does a Pre-Existing Condition Prevent Getting Fair Compensation for Auto Accident Injuries?

May 16, 2022

A pre-existing condition won’t prevent you from receiving fair compensation for motor vehicle accident injury in Michigan. You’re entitled to compensation for any injuries resulting from your car accident. You can’t seek damages in an auto accident claim for a pre-existing injury or medical condition. However, if the accident aggravates or accelerates your pre-existing injury or condition, you can ask for damages that arise directly from this.

How Do I Prove that My Auto Accident Injury Wasn’t a Pre-Existing Condition?

The other motorist’s insurance company will attempt to minimize the amount they have to pay. They don’t want to pay for any injuries not related to the crash. If an insurance company denies responsibility by saying your injury was a pre-existing condition, you may have to prove that wasn’t the case. That’s why you need an experienced medical malpractice attorney in Michigan, like those of Buchanan Firm.

To demonstrate that your car accident was the cause of your injuries rather than it being a pre-existing condition, you and your attorney will need to:

  1. Disclose your medical history and records; and
  2. Have your doctor testify on your behalf at trial.

The judge may order you to give the insurance company your full medical history, or the insurance company may issue a subpoena for these records during the discovery process. The insurance company will examine your records to try to locate any evidence that your injury pre-dated the accident.

Your physician may be required to testify on your behalf to establish the cause and origin of your injuries.

But What If the Auto Accident Aggravated My Pre-Existing Condition?

It’s not uncommon for a motor vehicle accident victim to have suffered an injury or ailment in the past. This injury hasn’t interfered with the plaintiff’s normal activities but after the auto accident, he or she now suffers from chronic, debilitating pain every day. The accident has aggravated his or her pre-existing injury. An injury that went from causing no significant limitations or pain to one that is a constant condition – the accident aggravated or worsened the condition and inflicted physical pain and suffering that the accident victim didn’t have prior to the accident.

In other words, but for the car accident, the victim’s life wouldn’t have changed.

For example, a car accident can exacerbate or aggravate preexisting conditions such as:

  • A back problem, like a herniated disc or degenerative disc disease;
  • Previous fractures, and muscle sprains and strains;
  • Knee and shoulder injuries;
  • Hernias
  • Arthritis
  • Brain injuries; and
  • Emotional and mental issues, such as anxiety, PTSD, and depression.

Contact us!

The fact that you were already injured or ill doesn’t mean the motorist who caused your accident isn’t liable for making your situation worse.

For a free consultation with an experienced vehicle crash attorney in Michigan, contact Buchanan Firm. We can discuss your situation if you have been injured as a result of a vehicle crash that was not your fault.

Our firm proudly serves people all across Michigan, including major cities like Grand Rapids, Muskegon, Detroit, Lansing, Holland, St. Joe, and Ann Arbor, and rural towns such as Lowell, Ada, Fremont, Newaygo, Grand Haven, Rockford, and Cedar Springs. We will meet you after-hours, at home, or in the hospital to accommodate you.