You may have heard the term “pre-existing condition” used to describe a medical problem that precedes a person’s application for health insurance. However, the term also applies to any ailment or injury that was present prior to an accident for which damages are sought. Such a condition could consist of a chronic illness or prior injury that could predispose a person to harm. It can directly affect the validity of the claim and the amount of compensation that might be obtained.

Insurance companies and defense attorneys often scrutinize a claimant's medical history to find pre-existing conditions that they can argue were the true cause of the current symptoms, rather than the accident itself. They aim to reduce their financial exposure by demonstrating that the accident only had a minimal impact on the claimant's health. If a claimant had a prior back injury and then files a claim for a back injury after an accident, the defense might argue that the physical harm as well as pain and suffering are due to the earlier condition, not the recent incident. 

A skilled personal injury attorney can play a pivotal role in overcoming these obstacles. The attorney's objective is to prove that the accident either caused the new injuries or exacerbated the pre-existing conditions. This is achieved through these strategies:

1. Medical evidence — Gathering comprehensive medical records both pre- and post-accident can demonstrate the change in the claimant's baseline health condition. This can include medical expert testimony explaining how the accident worsened the pre-existing condition.

2. Distinguishing between conditions — An attorney can help differentiate the injuries caused by the accident from symptoms of the pre-existing condition. This often involves detailed medical assessments as to the specific impact of the accident on the claimant’s health.

3. Legal arguments — An attorney can assert the "eggshell skull" doctrine, which posits that a defendant take a victim as they find them. That is, if a victim’s pre-existing condition makes them more susceptible to injury, the defendant is liable for the full extent of the injury caused.

While pre-existing conditions can complicate a personal injury claim, they do not necessarily preclude recovery of damages. With capable legal representation, claimants can overcome these complexities and secure compensation for the impact of the accident on their health and well-being.

At Brown, Novick & McKinley Attorneys at Law in Woodbury, we advocate for clients in Gloucester County and other New Jersey locations who have suffered an injury due to someone else’s negligence or intentional misconduct. Please call 866-942-4909 or contact us online to schedule a free initial consultation.