Will a Pre-Existing Condition Affect My Personal Injury Claim?

Will a Pre-Existing Condition Affect My Personal Injury Claim?


Suffering an injury in an accident is always stressful, but it can feel even more complicated if you already have a pre-existing medical condition. Fortunately, Colorado law protects your right to seek damages when someone else’s negligence worsens your condition.

An experienced Centennial personal injury lawyer at Legal Help in Colorado can help you understand your rights and options. We have decades of experience helping injured clients recover the compensation they need for medical bills and other damages. 

How an Attorney Can Help You Seek Compensation If You Have a Pre-Existing Injury

Having a pre-existing condition does not disqualify you from compensation. The at-fault party is responsible for the harm their actions caused, even if you were more susceptible to injuries due to an existing condition.

However, insurance companies often use pre-existing conditions as a reason to offer a low settlement or deny a claim.

An attorney plays a crucial role in cases like these. They will:

  • Carefully review your medical history 
  • Consult with doctors and specialists to understand your existing conditions 
  • Demonstrate how the accident made your condition worse. 
  • Push back when the insurance company tries to argue that your injury was unrelated to the crash.

With legal representation, you’ll have someone on your side who knows how to protect your rights and fight for the full value of your claim.

Will a Pre-Existing Condition Affect My Personal Injury Claim?

How Do I Prove My Pre-Existing Conditions Were Exacerbated by My Accident?

To have a successful case, you must prove the accident caused your prior injury or illness to worsen. Under Colorado law, a negligent party is liable for the full extent of the harm they cause, even if the victim is more fragile or vulnerable than a typical person. This is known as the egg shell skull rule. In other words, the defendant cannot escape liability simply because your injuries were more severe due to a pre-existing condition.

To prove your condition was aggravated, your attorney will: 

  • Present medical records showing your condition was stable before the accident.
  • Use new diagnostic tests, imaging, and evaluations to show that your condition has worsened.
  • Bring in medical experts who can explain how the accident caused the change in your condition.

Even though proving aggravation can be challenging, the law is on your side. If your injuries have been made worse due to someone else’s negligence, you are entitled to compensation for the additional pain, medical costs, and other losses you suffer as a result.

Why Choose Legal Help in Colorado to Help With an Injury Claim?

Navigating a personal injury claim is challenging when pre-existing conditions are involved. Insurance companies may try to exploit your condition to pay you less. At Legal Help in Colorado, we can help you fight back.

When you choose us, you’ll benefit from:

  • 30+ years of combined experience 
  • A track record of success that includes millions recovered
  • A 95% success rate in cases involving pre-existing conditions
  • Personalized client service from an attorney who cares about you. 

Contact us today to schedule a free case review to learn more about how we can help.

Contact a Colorado Injury Lawyer About Your Pre-Existing Condition

Pre-existing conditions should never prevent you from seeking justice after an accident.  At Legal Help in Colorado, we know how to build strong cases for clients with pre-existing conditions. Contact our Colorado injury lawyers today for a free consultation and let us help you pursue the compensation you deserve.