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Columbia Personal Injury Lawyer > Blog > Car Accident > How Your Pre-Accident Health History Can Affect Your Car Accident Case

How Your Pre-Accident Health History Can Affect Your Car Accident Case


When you hear the term “pre-existing condition,” it is almost always in the context of something scary.  Pre-existing conditions make health insurance companies charge you more money, if they even agree to take you on as a client at all.  They also increase your risk of developing serious complications from COVID-19.  You might think that convincing insurance companies or, if necessary, a judge or jury, about the seriousness of your injuries that resulted from a car accident would be a straightforward matter, but that is not always the case.  Insurance companies or defendants in car accident lawsuits can try to use your medical history against you and argue that your symptoms are because of a health problem that had already started before the accident.  Yes, it is greedy and underhanded of them to this, but it still happens very frequently.  Your best defense is to hire a South Carolina car accident lawyer.

When Car Accidents Make Old Injuries Worse

When you file an insurance claim related to a car accident in which you were injured, as well as when you file a car accident lawsuit, you must show how much money you have lost or have been asked to pay as a direct result of the accident.  This can include bills from hospitals, doctors, lab testing, and physical therapy.  If your injuries require ongoing treatment, such as if you suffer from chronic pain or muscle weakness as a result of the injury, the other party will probably try to avoid taking responsibility for at least some of the treatment.  If your accident happened recently and you are at the stage of exchanging information with the insurance company, your best choice is to refuse to give a recorded statement.  The agent will ask all kinds of questions about your medical history that you are not obligated to answer.  In fact, you are not even required to give a recorded statement, as the insurance company will scrutinize it for any admission that you were partially at fault for the accident or that your injuries are due to some reason other than the accident.

If you file a lawsuit, then you and the defendant (who might be the other driver, the insurance company, or some other responsible party) will engage in an extensive process of discovery, in which you exchange the information that you plan to present to the judge if your case goes to trial.  This means that the defendant will get to see your medical records.  There is a reason that people’s medical records are usually private.  The defendant will look for any excuse that your symptoms are from something other than the accident.  For example, the defendant might argue that your knee pain is because you are overweight and not because of the injury you sustained in the accident.  A car accident lawyer can help you anticipate every argument the defendant might make and help you collect evidence to build a strong counterargument.

Let Us Help You Today

A Columbia car accident lawyer can help you whether the accident just happened or whether you are trying to decide what to do next after the insurance company did not offer you enough money.  Contact The Stanley Law Group for help with your case.


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