Auto Accidents and Pre-Existing Injuries

Unfortunately, a sizable portion of auto accidents do result in physical injuries, and for those who also had a pre-existing injury, the aftermath can be even more confusing. It is not below an insurance company to use your own medical history against you and claim that your allegedly “new” injury is not new, but rather an aggravation of a prior injury. While most of us deal with general pains and aches, such as in the neck or back, those who suffer a new injury in an auto accident deserve to have the injury addressed by itself rather than pinned on a prior injury or condition by the insurance company, and this is why the help of an experienced personal injury attorney is essential to establishing a strong injury claim and earning your compensation.

Insurance companies, as we know, aim to pay out as little as possible for claims and will elaborate on any potential reason why yours does not qualify. If you have a pre-existing injury or medical condition which seems at all related to your new injuries from the auto accident, the insurance company may try to conflate the two and cast doubt on the recent damage done; this may include asking you to sign a “medical authorization form,” which allows them to access your entire medical history. It is highly recommended, for you and your case’s sake, that you do not sign this form before speaking with an experienced attorney.

If you must disclose any information about a pre-existing condition, you may do so without providing any medical records, or permission to access them, which arguably invades your privacy and provides the insurance company plenty of information to potentially use against you.
Medical documentation is an essential part of a successful personal injury claim, and if you had a pre-existing injury or medical condition before the accident, you should have a full set of records which cover both the pre-existing injury and the new injury sustained, as well as the differences in treatment for each.

Some treatments may overlap, especially when older injuries are indeed aggravated, but this is not a particular cause for concern. It may also be beneficial to see a new medical provider for your injuries from the new accident to have at least two separate sources of testimony about your health, past and present.

If you or a loved one has been injured in an accident, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.