2 Feb 2021

Do Pre-Existing Health Conditions Affect Personal Injury Compensation?

The very nature of personal injury compensation claims is to seek financial settlement for injuries sustained as a result of third-party negligence.

But this matter can have added layers of complexity depending on a number of factors, with pre-existing injuries/conditions resulting in the need for professional clarity. In this article we’ll aim to answer the question ‘Can you make a claim with pre-existing conditions?’

What is a pre-existing condition?

A pre-existing condition is an injury or condition which had been affecting the victim prior to the accident taking place. For example, you may have been suffering from a back injury as a result of falling off a ladder. You have had treatment, which may be ongoing, but the pain is still causing discomfort. You are then involved in a car crash which makes the injury much worse.

Although the incident may have made this worse, or aggravated it, it is still vital that you inform your file handler from the outset of any conditions like this.

What do you need to prove to win a personal injury claim?

Your claim must clearly demonstrate the injuries sustained were as a result of the accident. You cannot claim compensation for an injury that was caused by something else other than the accident, although there is potential to claim for a pre-existing condition made much worse by the accident in question.

But this will require documented reports from a doctor to prove that the incident was the direct cause of the worsened condition you are currently in.

This can be a complicated process and it is best to discuss this with your file handler, and clearly state your pre-existing injuries from the outset of your claim.

Get a medical assessment

Following an accident, it is important that you get a medical check-up to assess and treat any injuries sustained, both internally and externally.

By doing this, you can start the road to recover as quickly as possible, find any injuries or conditions that can receive suitable treatment and minimise any complications from leaving an injury unnoticed.

In terms of your claim, getting a medical assessment as soon after the accident as possible will provide evidence to boost your claim’s chances of success.

Speak to a personal injury specialist; call Winns today

The claims process can seem a daunting experience, especially at a time when you are suffering from injuries sustained after an accident that has left you feeling shaken.

However, the team at Winns can provide a helping hand during a difficult time by using their expertise, experience and huge legal skill-set to get you the compensation you deserve.

If you are unsure if you can make a claim with pre-existing conditions, or require more information, contact Winns now on our 24-hour claim line for the help and support you need.

Always be truthful about your medical history

It is vital you inform your file handler of all prior injuries that you were suffering from before the accident.

This provides clarity moving forward and allows the expert team at Winns to build a case for compensation only for the injuries sustained as a result of the accident, or aggravation to pre-existing conditions depending on the nature of the accident and those injuries.

It is important to be open and honest about all matters relating to a personal injury claim as files are scrutinised by medical and legal professionals on both sides to ensure only the injuries caused by the accident are compensated for.

By providing as much information as possible, and being open and honest throughout, you provide your claim with the best chance of success.


For more information about making a claim for personal injury compensation, click here to be taken to our dedicated information page.

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