If you have a pre-existing condition at the time of an accident, it can complicate your personal injury claim in Colorado. Insurance companies often try to use pre-existing conditions to reduce or deny claims. Here’s what you need to know about how pre-existing conditions impact personal injury claims in Colorado.
What Counts as a Pre-Existing Condition?
A pre-existing condition is any medical condition that you had before the accident occurred. This includes both diagnosed and undiagnosed conditions. Some examples of pre-existing conditions are:
- Arthritis
- Prior injuries or damage to the same body part later injured
- Heart conditions
- High blood pressure
- Diabetes
- Obesity
- Depression or anxiety
Even if you were not experiencing symptoms from the pre-existing condition at the time of the accident, the insurance company can still use it to dispute your claim.
Proving Causation is More Difficult
To recover damages in a personal injury claim, you must prove the defendant’s negligence directly caused your injuries. This causal link can be harder to establish if you have pre-existing issues.
The insurance company will argue your current symptoms and limitations are due to the pre-existing condition, not the accident. Strong evidence is needed to prove the accident exacerbated or aggravated the pre-existing condition. Your doctor must credibly explain how the accident specifically impacted your pre-existing issues.
Your Total Damages May Be Reduced
Insurance companies often argue that pre-existing conditions would have inevitably caused symptoms or limitations, even without the accident. They may try to apportion some of your damages to the pre-existing conditions. This can lower your potential settlement.
For example, if you have pre-existing arthritis and suffer a back injury in a Colorado car accident, the insurance company may dispute what percentage of your back pain and treatment costs are due to the arthritis versus the accident. This makes it harder to recover your full losses.
Get a Detailed Medical History and Evaluation
To overcome disputes involving pre-existing conditions, work closely with your doctors to fully document your medical history and distinguish between current and prior issues. Be prepared to provide:
- Medical records proving the pre-existing condition and your status before the accident
- Imaging studies comparing before and after the accident
- Credible expert opinions attributing current limitations to the accident
Documenting how the accident specifically intensified your pre-existing issues is key. An experienced personal injury attorney from Monge & Associates can help obtain this evidence and maximize your compensation.
Consider Settling without a Lawsuit
Cases involving pre-existing conditions can be harder to prove in court. Settlement before a lawsuit may be a strategic option to recover reasonable compensation faster. An attorney can negotiate the best possible settlement upfront.
However, if the insurance company refuses to offer fair compensation, litigation may be necessary. An attorney from Monge & Associates can emphasize the liability evidence and craft a compelling argument distinguishing pre and post-accident conditions.
Speak to Us About Your Specific Situation
Every case involving pre-existing conditions has unique facts. By speaking to an experienced Colorado personal injury attorney, you can discuss your situation in detail and develop the best approach to overcoming disputes involving pre-existing conditions. We can help craft persuasive legal arguments attributing your current conditions and need for treatment to the accident itself.
We have offices in 32 locations and 19 states, including Colorado, Kansas, and Washington.
Call now for a free consultation on (888) 477-0597.