What happens if insurance says my injuries are ‘pre-existing’?
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What happens if insurance says my injuries are ‘pre-existing’?
Emery Brett Ledger
los angeles, USA
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When an insurance company asserts that injuries are pre-existing, it may seem as though this claim concludes the discussion. However, this is not the case. According to attorney Emery Ledger, who has nearly three decades of legal experience, the critical rule to understand is that if an accident exacerbates an existing condition, a valid injury claim can still be pursued.
California's civil jury instructions explicitly state that a plaintiff is entitled to recover damages for the aggravation of a pre-existing condition. Therefore, when an insurance adjuster claims that an injury is pre-existing, the focus should not solely be on whether there was a prior issue. Instead, the key inquiry is what changes occurred following the accident. Important considerations include whether the pain intensified, whether symptoms increased, whether new treatment became necessary, or whether there was a loss of function that had previously existed.
In this context, medical records, imaging, and a clear timeline of events become essential. Insurance companies often attempt to leverage any prior aches, strains, or injuries as a means to absolve themselves of responsibility. However, while they may not be liable for a condition that existed before the accident, they can still be held accountable for any harm they caused or for worsening an existing condition.
California's official jury instructions further clarify that damages are intended to compensate for harm resulting from the defendant's actions. Therefore, if an insurance company frequently references a pre-existing injury, it should not be assumed that the case is weak. This tactic is often employed as a defense strategy. The primary concern should be establishing the difference between the individual's condition before the accident and their condition afterward.
For individuals seeking guidance after an accident, it is advisable to contact the Ledger Law Firm for assistance.
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What happens if insurance says my injuries are ‘pre-existing’? - Answer by Emery Brett Ledger
When an insurance company asserts that injuries are pre-existing, it may seem as though this claim concludes the discussion. However, this is not the case. According to attorney Emery Ledger, who has nearly three decades of legal experience, the critical rule to understand is that if an accident exacerbates an existing condition, a valid injury claim can still be pursued. California's civil jury instructions explicitly state that a plaintiff is entitled to recover damages for the aggravation of a pre-existing condition. Therefore, when an insurance adjuster claims that an injury is pre-existing, the focus should not solely be on whether there was a prior issue. Instead, the key inquiry is what changes occurred following the accident. Important considerations include whether the pain intensified, whether symptoms increased, whether new treatment became necessary, or whether there was a loss of function that had previously existed. In this context, medical records, imaging, and a clear timeline of events become essential. Insurance companies often attempt to leverage any prior aches, strains, or injuries as a means to absolve themselves of responsibility. However, while they may not be liable for a condition that existed before the accident, they can still be held accountable for any harm they caused or for worsening an existing condition. California's official jury instructions further clarify that damages are intended to compensate for harm resulting from the defendant's actions. Therefore, if an insurance company frequently references a pre-existing injury, it should not be assumed that the case is weak. This tactic is often employed as a defense strategy. The primary concern should be establishing the difference between the individual's condition before the accident and their condition afterward. For individuals seeking guidance after an accident, it is advisable to contact the Ledger Law Firm for assistance.