Go to navigation Go to content
Phone: (404) 474-0804
Jason R. Schultz P.C

Q:
How can I dispel claims by my insurance company that my injuries were pre-existing?

A:

Evidence will be necessary in order to dispel claims from the insurance company that your injuries were pre-existing. This is critical because it could impact your ability to be compensated for injuries you sustained in an accident.

How to Prove Injuries from an Accident Weren’t Pre-Existing

The first thing to know is that it’s very important to disclose any pre-existing injuries that you may have. Trying to hide them will only raise suspicions and cast doubt on your claim.

Medical records are the best way to show an insurance company that injuries from an accident are new. Let’s say someone was involved in a car crash three years ago. At the time the person suffered whiplash. In the most recent collision, the same individual is complaining of back pain.

To establish the previous injury’s extent one may have to bring forth:

  • x-rays;
  • medical documents; and
  • doctors’ notes.

Following that, the same types of information would be necessary to prove the most recent injury is related to the accident.

What if the current accident worsened a pre-existing injury?

It’s also possible that a pre-existing injury is aggravated because of an accident. This becomes a bigger challenge to prove, but it doesn’t mean you can’t recover compensation if your current accident worsened a previous injury. Again, medical records are important to compare the past and most recent injury.

For instance, records from a previous injury may indicate you suffered a herniated disc, and that it was treated to relieve your pain. Your current records may indicate that you reinjured the disc.

Sometimes a medical expert will be called upon to compare medical records, explain how the current accident worsened the previous injury, or to establish the difference between an old injury and a new one.

Because of the complexity involved in these types of cases, if you suffered serious injuries and/or there are disputes concerning pre-existing injuries, seek legal advice. Attorney Jason R. Schultz in Peachtree City can explain how to protect your rights, establish your injuries are not pre-existing, and/or establish the effects of your accident on a pre-existing injury. Call 404-474-0804 or contact us online to set up a consultation.

Live Chat