When a Preexisting Injury Actually Becomes a New Injury

How Can You Prove a New Injury After an Accident?

If you have an old injury and are hurt in a new accident, you may worry that the insurance company will blame your current symptoms on your previous condition. However, a preexisting injury does not automatically prevent you from recovering compensation.

In some situations, a new accident can worsen an existing condition or cause a distinct new injury. Understanding the difference can be important when pursuing a personal injury claim.

When Does a Preexisting Injury Become a New Injury?

A new injury may occur when an accident causes a different physical condition, significantly worsens an existing injury, or creates new symptoms that were not present before the accident.

For example, suppose you previously injured your back but recovered and returned to your normal activities. If a new car crash causes a herniated disc or new nerve damage, that condition may be considered a new injury.

Even when the same body part is involved, the new accident may still be responsible for additional harm. A person with an existing knee problem, for example, could suffer a new tear after being struck in a collision.

Medical evidence can be especially important in these cases. Medical records from before and after the accident may help show what your condition was like before the incident and how it changed afterward. Doctors may also be able to explain whether the accident caused a new injury or made an existing condition significantly worse.

Insurance companies may try to argue that your symptoms were caused entirely by your previous condition. That is why it can be helpful to document changes in your symptoms, treatment, and ability to work or perform everyday activities following the accident.

You should also be honest about your medical history. Having a preexisting condition does not mean you should hide it. Instead, your attorney can work with medical professionals and other evidence to determine what harm the new accident caused.

Call Us After Your Injury

If you were injured in an accident and already had a medical condition, consider speaking with a personal injury attorney before accepting an insurance settlement. An attorney can review your medical history, investigate the accident, and help determine whether you may have a claim for your new or worsened injuries.

Every case is different, and your legal options depend on the facts of your accident and the applicable state law.

Contact the lawyers of Berger and Green for a free consultation about your case.