Greene & Phillips: Pre-existing conditions

MOBILE, Ala. (WALA) - If you’ve been injured in a car accident but already had back pain, a previous surgery, or another medical condition before the wreck, you may wonder whether that prevents you from having an injury claim. Joining us today is David Greene from Greene & Phillips Injury Lawyers to explain how pre-existing conditions can affect a personal injury case.

Let’s start with the big question. If someone already had an injury or medical condition before an accident, can they still have a case?

Absolutely. Having a pre-existing condition does not automatically prevent you from having a legitimate injury claim, and you shouldn’t be discouraged from talking to an attorney just because you had a previous injury. The important question is: what did this accident do to you? If you had a condition that was stable or manageable before the wreck, and the accident aggravated it, made it more painful, or caused you to need additional treatment, that can absolutely be relevant to your claim.

The law actually recognizes that an accident can make an existing condition worse?

It does. There’s actually a specific jury instruction dealing with the aggravation of a pre-existing condition. The basic principle is that if someone else’s negligence aggravates an existing injury or condition, the injured person may be entitled to recover for the harm caused by that aggravation. Every case is different, of course, and you still have to be able to connect that worsening condition to the accident.

The insurance company may look at those previous medical records and say, “Well, you already had this problem before the wreck.”

We see that argument. An insurance company may point to a history of back pain, neck pain, a previous surgery, or an old injury and argue that your current problems were already there. But having a previous condition and being injured in a new accident can both be true. Maybe you had occasional back pain before, but after the wreck it became constant. Maybe you had completed treatment for an old injury and suddenly needed treatment again. Those details matter. That’s why medical records, your treatment history, and an honest understanding of how you were doing before and after the accident can be so important.

Should someone be upfront with their attorney about those previous injuries?

One hundred percent. Never try to hide a pre-existing condition. Tell your attorney about it from the beginning. At Greene & Phillips, we want to know the complete picture so we can properly evaluate your case and be prepared to address those issues with the insurance company. A previous injury doesn’t necessarily hurt your case, but being dishonest about one certainly can.

What would you say to someone who was hurt in an accident but is hesitant to call because they already had some medical issues?

Don’t count yourself out. If an accident made an existing condition worse, that worsening can still be a legitimate injury. Every situation is different, so come talk to us. At Greene & Phillips, case evaluations are always free, and we can help you understand how your pre-existing condition may affect your particular claim. Call or come by anytime.

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