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Preexisting Injuries in Personal Injury Cases


Accidents can happen at any time. In fact, some people have probably had a few accidents and suffered multiple injuries at some point in their lives. But does having a preexisting condition or injury prevent you from recovering compensation if you are injured again?

The law says no. People who suffered injuries in an accident may still be able to receive compensation even if they had a prior injury, as long as they can show that the injury was aggravated by the accident. Even if the individual has fragile health and is prone to injuries, they cannot be denied compensation based on their previous medical health.

Examples of preexisting conditions that may qualify for injury compensation:

  • A person currently has a preexisting injury that has been worsened by the accident
  • A person had a previous injury that has healed, but since the accident, it is now painful again
  • A person has a medical condition that makes one prone to injuries. An example would be a person with weak bones due to certain medication, and subsequently suffered broken bones in a car accident.

Whether you have a new injury or find that your previous injuries are aggravated, contact a personal injury lawyer to learn more about your eligibility for compensation.

Importance of Medical Records

Having comprehensive and detailed medical records is crucial when you are trying to recover compensation for your injuries. A doctor can assess your injuries and help you determine the extent of your injuries and if the accident contributed to your injuries. Insurers will typically look at one’s medical records to determine the validity of a claim and how much compensation to award an individual. This is why documenting everything, including diagnostics, testing, treatment, medication, and other necessary information, is so important.

Immediately after an injury, you should see a doctor to have your health evaluated. The longer you wait, the more difficult it can be to connect your injuries to the accident.

Don’t Forget to Disclose Your Previous Injuries

When you hire an attorney, remember to tell your attorney about your previous injuries. This way, he or she can properly represent you and anticipate how insurers may react to your claim. Failing to disclose your injuries can make you appear dishonest and eventually hurt your claim.

You should also tell your personal injury attorney about:

  • What caused your previous injury
  • Treatments you received for previous injuries
  • The last time you received treatment
  • If the injury completely healed
  • Any surgeries received
  • If the injury continues to cause pain

Free Consultation with a Skilled Columbus Injury Attorney

If you would like to learn more about whether you have a valid claim, contact our Columbus personal injury lawyers at Rourke & Blumenthal. We are a team of dedicated advocates who are ready to help you fight for full and fair compensation. With millions of dollars recovered, we are the team that you can trust.

Consultations are provided free of charge, so don’t wait to get the help you need.

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