What if the Insurance Company Blames a Pre-Existing Condition?

Dealing with an insurance company that attributes your injury to a pre-existing condition can be challenging. However, understanding your rights and the legal framework in Arizona can empower you to pursue the compensation you deserve.

Understanding Pre-Existing Conditions in Personal Injury Claims

A pre-existing condition refers to any health issue or injury you had before the accident occurred. Common examples include chronic back pain, arthritis, or previous injuries. Insurance companies often scrutinize these conditions to minimize or deny claims, arguing that your current symptoms are unrelated to the recent incident.

Arizona’s Legal Stance: The ‘Eggshell Plaintiff’ Doctrine

Arizona law adheres to the ‘eggshell plaintiff’ rule, which means that defendants must take plaintiffs as they find them. If an accident exacerbates a pre-existing condition, the at-fault party is liable for the aggravation caused. This principle ensures that individuals with prior health issues are not unfairly denied compensation when an accident worsens their condition.

Proving Aggravation of a Pre-Existing Condition

To successfully claim compensation, you must demonstrate that the accident aggravated your pre-existing condition. This involves:

• Medical Documentation: Obtain comprehensive medical records that detail your health status before and after the accident. These records should highlight any changes or worsening of your condition.
• Expert Testimony: Engage healthcare professionals who can provide expert opinions on how the accident impacted your pre-existing condition.
• Consistent Treatment Records: Maintain a consistent treatment history post-accident to establish a clear link between the incident and the deterioration of your health.

Challenges Posed by Insurance Companies

Insurance companies may attempt to:

• Attribute Symptoms to Pre-Existing Conditions: Argue that your current symptoms are solely due to your prior health issues.
• Minimize the Impact of the Accident: Claim that the accident did not significantly worsen your condition.

It’s essential to counter these tactics with solid evidence and, if necessary, legal assistance.

Case Example: Aggravation of Pre-Existing Back Injury

Consider a scenario where an individual with a history of back pain is involved in a car accident in Phoenix. Post-accident, the individual experiences intensified pain and reduced mobility. Despite the pre-existing condition, Arizona law allows the individual to seek compensation for the aggravation caused by the accident. By presenting detailed medical records and expert testimony, the individual can substantiate the claim that the accident worsened the pre-existing back injury.

Consulting Legal Professionals

Navigating personal injury claims involving pre-existing conditions can be complex. Consulting with experienced personal injury attorneys can provide clarity and enhance your chances of a favorable outcome. Legal professionals can assist in:

• Gathering and presenting compelling medical evidence.
• Negotiating with insurance companies to ensure fair compensation.
• Representing you in court if necessary.

At Hirsch Talcott Law Firm, we understand the intricacies of personal injury claims involving pre-existing conditions. Our team is dedicated to advocating for your rights and ensuring you receive the compensation you deserve. Contact us at 602-903-6000 for a free consultation.