How Pre-existing Conditions Can Affect Your Car Accident Claim
A New Mexico car accident lawyer can fight back against insurance tactics
Being injured in a car accident is overwhelming, especially if you already had health challenges before the crash. Pre-existing conditions can complicate collision claims, as adjusters often use them to reduce or deny compensation.
However, the law allows injured motorists to recover damages if a car accident worsens their pre-existing injuries. If you’re dealing with pre-existing conditions and filing a car accident claim in New Mexico, understanding your rights and having an experienced attorney on your side can make all the difference.
What are pre-existing conditions?
Pre-existing conditions are any injury, illness, or medical condition that existed before a car accident. These can include injuries from a prior collision, chronic conditions such as arthritis, or degenerative issues such as back problems. Other examples include recurring migraines, concussions, or surgeries you had months or years before a crash.
Insurance companies may argue that your current pain and medical expenses are related to these pre-existing conditions rather than the car accident you were involved in. This makes it even more important to document how the crash worsened your previous injuries or created new ones.
What are the most common pre-existing conditions in car accident cases?
Some of the most common pre-existing conditions in car accident cases include:
- Back and neck injuries: These include chronic back pain, herniated or bulging discs, and whiplash from prior accidents.
- Arthritis and joint problems: These include osteoarthritis, rheumatoid arthritis, and past knee, hip, or shoulder injuries.
- Head injuries and neurological conditions: These may involve previous concussions, traumatic brain injuries, chronic migraines, or seizure disorders.
- Mental health: Some crash victims may already struggle with anxiety, depression, or post-traumatic stress disorder.
- Degenerative conditions: This might include degenerative disc disease, spinal stenosis, or carpal tunnel syndrome.
- Heart and respiratory conditions: Heart disease, asthma, or chronic obstructive pulmonary disease can also complicate recovery after a crash.
- Bone and soft tissue conditions: These may include previous fractures, dislocations, torn ligaments (like ACL or rotator cuff injuries), or old muscle strains.
- Diabetes and related complications: Nerve damage or poor circulation can be aggravated by injuries sustained in a car accident.
Can I still get compensation if I have pre-existing conditions?
You can still recover compensation even if you have pre-existing conditions. New Mexico law allows crash victims to receive damages for the aggravation or worsening of a prior injury. For example, if your back pain worsened or became debilitating after a collision, you may be entitled to compensation for the increased severity of that condition.
How do insurance companies respond to pre-existing conditions?
Insurance companies often try to deny or reduce claims by arguing that your injuries aren’t new or weren’t made worse by your car accident. They might claim that your pain is the natural result of a previous condition or aging rather than a direct consequence of the crash. This tactic allows insurers to minimize the amount they pay in settlements.
In many cases, insurers may demand extensive medical records, hoping to find evidence that links your pain or injury to a prior event. If they succeed in making this connection, they’ll offer lower compensation or try to deny your claim outright.
How does medical evidence support your claim?
Accurate and thorough medical documentation helps prove how your car accident affected your pre-existing conditions. Seeing a doctor immediately after the crash is the first step. Even if you feel fine, some injuries or flare-ups may not appear right away. Your doctor’s notes will create an early record of your symptoms and help you establish a connection between the accident and your injuries.
Consistent follow-up care is also important. Keep detailed records of doctor visits, treatments, medications, and any changes in your condition after the accident. Insurers will look at these records to determine whether your crash aggravated your existing health issues. In some cases, insurance companies may require an independent medical evaluation to assess your injuries.
What steps can you take to protect your car accident claim?
Being honest about your pre-existing conditions with your doctor and attorney is one of the best ways to protect your claim. Concealing or downplaying previous health issues can damage your credibility and hurt your case. Instead, focus on documenting how the car accident has worsened your condition.
Start by keeping a journal that tracks your symptoms from the day of the accident and how they change over time. Include details about pain levels, physical limitations, and any disruptions to your daily routine. If your injuries prevent you from working or participating in activities you previously enjoyed, write that down as well.
It’s also a good idea to obtain statements from your treating physicians. A doctor’s opinion that your car accident caused a significant change in your condition can strengthen your case. However, avoid giving insurance adjusters access to your full medical history without first consulting your attorney. Insurers may try to use unrelated medical issues against you.
Get the compensation you deserve after a car accident aggravated your pre-existing condition
If you had a pre-existing condition that was worsened by a car accident, don’t face the insurance companies without a strong legal advocate on your side. The New Mexico car accident attorneys at the Szantho Law Firm will fight to make sure you receive compensation for the full extent of your injuries – not just what the insurance company tries to offer.
When the insurance companies use your pre-existing condition as an excuse to pay less, our team knows how to push back. We’ll thoroughly investigate your case, gather medical records, and work with experts to demonstrate how your car accident aggravated your condition.
Contact us online today for a free consultation or call our law offices in Albuquerque or Santa Fe. Don’t let the insurance company decide what your recovery is worth.
"The Szantho Law Firm handled my case professionally and aggressively and made sure that my insurance company was held accountable. Due to Mr. Szantho’s aggressive and spirited representation my insurance company gave a settlement that I was very happy with. Mr. Szantho also made sure that my medical bills were paid and dealt directly with my medical providers. I was extremely happy with the representation that I received with the Szantho Law Firm and I would highly recommend the Szantho Law Firm to anyone who has been injured in a car accident." - J.M.
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