Can Your Pre-Existing Condition Affect Your Settlement?


Bernard Tully Personal Injury Lawyer. Phone: 412-281-8700

Often we get asked, “If I have a pre-existing condition to a body part, say my knee, can I still get $ for my car accident that happened 3 weeks ago where I hurt the same knee?”

The good news is yes, you can. It is called an aggravation of a pre-existing condition. In other words, you are not penalized for the fact that maybe you played football in college and 10 years ago you had a hip injury and now you were in a car accident and injured the same hip. That does not mean you cannot recover $ for that because, hopefully, the prior problem has been resolved.

Pre-Existing Condition

We recently had a case where a woman had some problems before the accident but they were completely resolved at least a year before the current collision. Therefore, we were making a claim for injuries from the accident. You can be sure what the other side is going to do to try to torpedo your case will be to say, “Well, that’s the same problem that she never resolved and that is the reason we are denying this claim. This is all from that prior thing that happened 5 years ago.” The other side will try anything to keep you from getting money.

Our job is to try and get you money. That’s the way the system is designed, I was reading a book the other day about this process. It said, “When you have no basis for an argument, what do you do? You attack the victims.” That is exactly what they do in these aggravation of pre-existing condition cases. They have no basis to challenge liability as it is a rear-ended auto accident case and they are at fault. What do they do? They attack you because 15 years before this you had arm surgery, so all your arm problems are from 15 years ago from your prior injury! We are here to help you and are passionate about protecting you.

Our main focus is honesty. We always preach it. We are passionate about trying to help any injured person or child with their case. Questions about the blog? CALL US!

Bernard Tully Allegheny County Car Accident Insurance Lawyer. Phone: 412-281-8700 and 1-800-518-0050