Personal Injury Info

The Insurance Company is Denying My Claim Because of an Alleged Pre-Existing Condition. Do I Still Have a Case?

Yes, you probably still have a legitimate personal injury claim if you were hit by another driver who was careless or reckless in operating their vehicle. It’s important to understand that auto insurance companies are not your friends. Do not fall for the commercials that wax poetic about insurance companies saving the day during a difficult time. Most auto insurance companies never simply “do the right thing.” They are corporations beholden to their shareholders. That means the adjusters assigned to manage car accident injury claims have a primary objective – reduce or deny the amount paid out by the company.

This is why it is so common for auto insurance adjusters to bring up alleged pre-existing conditions. They will ask for past medical records and comb through every doctor visit to try and find a prior diagnosis or injury to point to in order to support their argument, which is that your injuries were not really caused by the car accident; your injuries were already there.


Car accident lawyer in NorfolkThe pre-existing condition argument is most often deployed when “soft tissue” injuries are alleged. For example, a torn rotator cuff, low back pain, whiplash, etc. These injuries are less apparent than, let’s say, a broken arm or facial laceration. So if you suffered a rotator cuff tear before the auto accident, the auto insurance company will argue that any new tear was really pre-existing.

In this situation, you need an experienced Norfolk car accident lawyer on your side. Why? Because your injury attorney will review all relevant medical records and best determine what your doctor or chiropractor can and will testify about your injuries in court.

This means that if you were in a serious auto accident in Norfolk, Va, you need be open and candid with your Norfolk car accident attorney about your medical history. Do not hold back. The more information, the better, since your attorney needs to make a thorough evaluation of your harms and losses.

Give Emily a call today to discuss your case, or fill out a quick contact form and Emily will respond to you right away.


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