What happens if insurance says my injuries are ‘pre-existing’?

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Emery Brett Ledger · Accepted Answer

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...

What happens if insurance says my injuries are ‘pre-existing’?

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