A pre-existing condition will not prevent you from filing a personal injury claim in Michigan. Based on a longstanding legal principle known as the “eggshell plaintiff” doctrine, the at-fault party is responsible for taking you as they find you. That means if an accident makes an existing condition worse, the person who caused the crash is liable for the full extent of the harm, not just the portion that would have occurred in someone without a prior health issue.
That said, insurance companies will absolutely try to use a pre-existing condition against you. Learning about how they do this and how to fight back with help from a Troy injury lawyer is key to protecting your claim.
How Insurance Companies Use Pre-Existing Conditions Against You
If an insurance company learns that you had a prior condition before the accident, they will likely look for ways to argue that your current symptoms are not related to the crash at all. This is one of the most common tactics used to reduce personal injury claims in Michigan.
Some of the specific arguments they may try to make include:
- Your pain and limitations existed before the accident and the crash did not make them worse
- You were already receiving treatment for the same condition, so the accident is not responsible for your medical bills
- Your recovery timeline is being extended by the pre-existing condition rather than the accident itself
- The imaging or diagnostic results showing damage are consistent with a degenerative condition, not a traumatic injury
These arguments can be effective if you do not have medical evidence on your side, which is why building a clear record of how the accident affected your condition is important from the very beginning.
How To Protect Your Claim
The best defense against a pre-existing condition argument is thorough medical documentation. Your doctors need to be able to explain, in clear terms, how the accident aggravated or worsened your prior condition. This kind of testimony is often the deciding factor in whether an insurer takes your claim seriously.
Steps you can take to strengthen your position include:
- Being honest with your doctors about your medical history from the start, as hiding a prior condition can backfire if it comes out later
- Getting treatment promptly after the accident and following through with all recommended care
- Asking your treating physician to document the specific ways the accident changed your condition compared to how it was before
- Keeping records of any new symptoms or limitations that did not exist prior to the crash
For example, if you were managing a spinal cord injury before the accident but are now unable to work because the crash caused a herniated disc and also made that previous injury worse, the at-fault party may still be responsible for all of that additional harm (not just the separate injury). The key is proving the difference between where you were before and where you are now.
Schedule a Free Consultation With an Experienced Michigan Personal Injury Lawyer
Insurance companies know that pre-existing conditions create confusion and count on that confusion to pay you less than what your claim is actually worth. A personal injury attorney can work with your medical team to build a clear picture of how the accident worsened your condition and can push back against any attempt to minimize your injuries.
Contact a personal injury lawyer with Khamo Law today to schedule a free consultation at (248) 466-0606 or by reaching out online. We have decades of combined experience and work on contingency, so you only pay attorney’s fees if we win compensation for you.