Can Pre-Existing Conditions Affect Your Bodily Injury Compensation?
Accidents can turn lives upside down in an instant. Dealing with bodily injuries while trying to manage medical bills, time off work, and daily responsibilities can feel overwhelming. If you’ve been involved in an accident and have pre-existing health conditions, you're probably worried about how this will impact your ability to recover compensation for your injuries. Your concerns are valid, and many Texans face similar situations.
Even if your health issues existed before an accident, you’re still entitled to fair consideration for the harm caused by someone else’s actions. Pre-existing conditions may influence how a claim is handled, but they don’t automatically reduce your rights to compensation.
At The Ardoin Law Firm P.C., we provide knowledgeable guidance to help clarify your options and protect your interests. Our attorney doesn't simply fight for compensation — he strives to help you heal and recover. Reach out to us at The Ardoin Law Firm P.C. in Houston, Texas, including Harris County, Galveston County, and Brazoria County, to discuss your situation and learn how you might proceed.
How Pre-Existing Conditions Are Considered in Injury Claims
When assessing compensation, insurance companies and courts often look at the impact of your pre-existing conditions. This doesn’t mean they dismiss your claim; instead, they examine how much the accident contributed to your current injuries.
Aggravation of a prior condition: If the accident worsened a condition you already had, you may still recover compensation for the additional harm.
Medical documentation: Detailed records from your doctor can demonstrate how the accident specifically caused new or worsened injuries.
Causation evaluation: Attorneys and medical professionals determine the link between the accident and your current health issues.
Impact on daily life: Even minor pre-existing conditions can be affected by an accident, influencing compensation for pain, suffering, and lost wages.
It’s important to present clear, accurate medical evidence to support your claim. A bodily injury attorney can guide you on collecting proper documentation and articulating how the accident aggravated your pre-existing condition, helping to strengthen your case.
How Insurance Companies Approach Pre-Existing Conditions
Insurance companies often scrutinize claims involving pre-existing conditions. They may argue that your current injuries are partially or entirely due to your prior health issues. Recognizing these tactics helps you better protect your claim.
Comparative responsibility: Insurers might attempt to assign a percentage of fault to your pre-existing condition to reduce your payout.
Medical evaluations: You may be asked to attend independent medical exams to assess the extent of your injuries.
Settlement offers: Initial offers may be lower if your condition predated the accident.
Documentation requests: Detailed health histories and prior medical records may be required to verify your claim.
Being prepared with accurate medical records and working with a bodily injury attorney helps address these insurance strategies. He can advocate for a fair assessment of your injuries and demonstrate how the accident directly contributed to your suffering.
Proving Aggravation of Pre-Existing Conditions
Successfully claiming compensation for an aggravated pre-existing condition requires showing a clear connection between the accident and the worsening of your health. This generally involves providing detailed medical evidence, such as doctor notes, imaging studies, and treatment records that illustrate new damage or increased severity.
Keeping a symptom timeline helps link new symptoms to the accident, while demonstrating functional limitations highlights changes in work or daily activities. In some cases, expert testimony from medical professionals may further explain how the accident aggravated your pre-existing condition. By thoroughly documenting these elements, our attorney can help you maximize your compensation for pain and suffering and medical expenses.
Common Pre-Existing Conditions in Injury Claims
Some conditions are more frequently involved in claims because they’re easily aggravated by accidents. Understanding how these conditions are treated in personal injury cases can provide insight into the claims process.
Back or neck issues: Herniated discs, degenerative disc disease, and spinal arthritis can worsen after an accident.
Joint problems: Pre-existing arthritis or prior injuries in the knees, shoulders, or hips may be exacerbated by trauma.
Chronic illnesses: Conditions like diabetes or heart disease may complicate recovery, but don’t prevent compensation for accident-related injuries.
Mental health concerns: Anxiety or depression can intensify after an accident, and these effects are often considered in claims.
While pre-existing conditions may affect the way compensation is calculated, they don’t eliminate your right to recover damages for injuries caused by someone else’s actions.
Strategies for Documenting Your Injury Claim
Building a strong case starts with thorough documentation. This helps demonstrate the link between your accident and any aggravation of pre-existing conditions.
Medical records: Gather all prior and post-accident health records.
Treatment receipts: Keep receipts for medications, therapies, and doctor visits.
Symptom journal: Document your symptoms daily, including pain levels and mobility challenges.
Witness statements: Testimonies from coworkers, friends, or family members about your condition before and after the accident.
Photographic evidence: Photos of injuries or areas of pain can support your claims.
Proper documentation provides your bodily injury attorney with the information needed to present a compelling case for fair compensation.
Impact of Pre-Existing Conditions on Settlement Negotiations
Pre-existing conditions can affect settlement discussions, but with clear evidence, you can demonstrate the additional harm caused by the accident. Here are some points to keep in mind:
Negotiation leverage: Detailed records and medical evidence strengthen your position.
Adjusted compensation: Settlements may account for prior health issues while still compensating for accident-related aggravation.
Avoiding undervaluation: Without proper documentation, insurance companies may undervalue your claim.
Timing matters: Settling too quickly without medical evaluation may reduce your potential compensation.
Working with a bodily injury attorney helps you approach negotiations confidently, highlighting the specific impact of the accident while mitigating attempts to minimize your claim.
Litigation Considerations With Pre-Existing Conditions
While many claims are resolved through settlements, some cases require litigation. In court, pre-existing conditions are often evaluated carefully to determine damages.
Comparative negligence: Judges and juries assess the proportion of damage caused by the accident versus pre-existing conditions.
Medical testimony: Expert witnesses can clarify how the accident aggravated prior health issues.
Evidence presentation: Well-organized documentation of injuries, treatments, and limitations is essential.
Claim value: Courts consider the full extent of harm, including any worsening of pre-existing conditions.
Even in litigation, a bodily injury attorney can advocate effectively, emphasizing the additional suffering and expenses resulting directly from the accident.
Types of Compensation You May Receive
When a pre-existing condition is involved, compensation may include various categories, reflecting both prior and new injuries.
Medical expenses: Costs associated with treatment, rehabilitation, and ongoing care resulting from the accident.
Lost wages: Compensation for time off work due to new or aggravated injuries.
Pain and suffering: Recovery for physical and emotional distress caused or worsened by the accident.
Reduced earning capacity: If the accident has long-term effects on your ability to work.
Property damage: Related expenses for repairing or replacing personal items damaged during the incident.
We can help identify all applicable categories of damages, making sure your claim accurately reflects the accident’s impact on your life.
Misconceptions About Pre-Existing Conditions
Many clients assume that having pre-existing conditions automatically disqualifies them from receiving compensation. This isn’t the case, and understanding these misconceptions can help you approach your claim with more confidence.
Pre-existing conditions don’t bar recovery—you can still claim compensation for new injuries. While insurers may seek lower payouts, strong evidence secures fair compensation. There’s also a common misconception that settling quickly is better; without a thorough evaluation, early settlements may undervalue your claim. Finally, some think that minor pre-existing issues don’t matter, but even small conditions can be aggravated and influence the compensation you receive.
Our attorney can help address these misunderstandings, providing clarity and guidance on what to expect throughout your claim process.
Contact Our Experienced Personal Injury Attorney Today
Accidents and injuries are stressful enough without worrying about how pre-existing conditions may affect compensation. By consulting our experienced attorney, you can receive guidance tailored to your unique situation and focus on recovery.
If you’re in Houston, Texas, or the surrounding areas, including Harris County, Galveston County, and Brazoria County, don’t let concerns about prior health issues prevent you from seeking fair compensation. At The Ardoin Law Firm P.C., we will evaluate the full impact of your injuries and advocate for fair compensation. Reach out to us at The Ardoin Law Firm P.C. to discuss your case and take the first step toward protecting your rights.