Accident And Injury Attorneys


Abogados De Accidentes


Pre-Existing Conditions and Injury Claims

Pre-existing health conditions can complicate seeking financial recovery. Insurance companies commonly use pre-existing medical problems as an excuse to deny coverage, depriving seriously injured victims of compensation.

Remember that no matter how clever or friendly their advertisements, insurance companies have one goal: to make money. You may consider partnering with a lawyer from our firm who can help you recover compensation.

What Is Considered a Pre-Existing Condition?

A pre-existing condition is a medical condition, problem, or ailment that existed before your accident. Say you were in a car accident and hurt your back. A prior back injury from a couple of years earlier would be a pre-existing condition.

The insurance company will consider these things when processing your claim:

  • Prior back injuries
  • Neck or head injuries
  • Past surgeries
  • Heart problems
  • Respiratory conditions
  • Previous pain treatments (medications, stents, pacemakers, etc.)
  • A history of chiropractic care
  • Degenerative disc disease
  • Spinal stenosis
  • Arthritis
  • Diabetes
  • Osteoporosis
  • Emotional or psychological conditions

What Situations Can Worsen Pre-Existing Health Conditions?

We’ve helped injured claimants who were hurt in:

  • Auto accidents, including trucks, cars, and motorcycles
  • Slips and falls
  • Instances of medical malpractice
  • Nursing home abuse and neglect
  • Construction accidents
  • Premises liability incidents, like dog bites
  • Defective drugs
  • Defective products

Not only can these situations cause new injuries, but they can strain pre-existing ones.

What If I Have a Pre-Existing Condition, But It’s Not Related to My Accident?

The insurance company will do everything possible to undervalue or deny your claim.

If you had a neck injury 20 years ago, and you suffered a broken leg, the insurer will stretch logic as far as possible to make a connection. It may argue that because you suffered a neck injury, this is what made your broken leg worse, and therefore, it shouldn’t have to pay for your losses.

With a lawyer on your side, you don’t have to worry about dealing with an uncooperative insurance adjuster. We will protect you from unreasonable denials and pursue the full cost of what you’re owed.

What If the Accident Worsened a Pre-Existing Health Condition?

If your accident worsened a pre-existing health condition, you can seek compensation for your past, present, and future healthcare expenses. You can also pursue:

  • Lost income for the time you missed from work
  • Pain and suffering, which pays for your accident-related trauma
  • Disability, which pays for the hardship of having a long-term condition
  • Property damage expenses, such as repairing or replacing your car
  • Physical therapy and mental health counseling

Our team has recovered millions for injured claimants – including those suffering from aggravated pre-existing health conditions.

You Have Legal Rights Under State Law

Whether you suffered harm in a collision, fall, or another incident, you have financial recovery options. This is because of something called the “eggshell plaintiff rule.” Here, the law takes the plaintiff “as they find them.” A party can’t avoid liability just because the plaintiff was prone to injuries.

A good example would be a frail, elderly person who gets struck by a car, killing them. The same impact may have caused minor harm to an 18-year-old in good health. However, the defendant doesn’t get to deny liability because the victim was elderly and susceptible to grievous harm.

You Can Pursue Compensation Through an Insurance Claim or Lawsuit

If you had a pre-existing condition that was worsened by an accident, you have these options:

You Can File an Insurance Claim

We resolve many accident claims through insurance negotiations. To aid with this process, we will:

  • Review your damages’ cost
  • File your demand letter and claim
  • Communicate with the claims adjuster
  • Give the insurer all the information it needs
  • Update you on any changes
  • Assess possible settlement offers

You Can File a Lawsuit

If filing an insurance claim doesn’t yield compensation, we can file a lawsuit in civil court. To advance your lawsuit, we will:

  • File your case’s paperwork
  • Argue your case at trial
  • Present your case’s evidence
  • Interview witnesses
  • Exchange necessary information with the defendant’s lawyer

You typically have three years to file your case, per CVP § 214. That deadline applies to collisions, falls, and premises liability incidents. If you suffered medical malpractice, you usually have two years and six months to file, per CVP § 214-A.

We will do everything possible to resolve your case, whether through an insurance claim or a lawsuit.

How Can You Advance Your Injury Claim or Lawsuit?

To bolster your claim, you should discuss any pre-existing conditions with your healthcare team. That way, you can draw a connection between your injuries and the accident itself.

You should also:

  • Document everything your doctor gives you, including copies of medical records and imaging scans
  • Be upfront about your condition with your attorney (remember: we’re on your side)
  • Refrain from giving a recorded statement
  • Limit what you share on social media
  • Follow through with your recommended treatment plan
  • Consider partnering with a lawyer

Begin Your Free Case Review with the Law Office of Cohen & Jaffe, LLP

Our lawyers advocate for injured people in Nassau, Suffolk, and Queens counties. If you suffered harm in an accident that worsened a pre-existing condition, we can file your insurance claim. Don’t worry about dealing with uncooperative claims adjusters or bureaucratic red tape; we’ll manage everything.

To begin your free case review, dial (516) 358-6900.

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