Your medical history matters when you get injured in an accident. Having a pre-existing condition does not prevent you from receiving compensation under Arizona personal injury laws. However, it can affect how your claim is evaluated and the amount of compensation you may receive. Understanding how to handle these conditions can protect your rights and strengthen your case.
Why is disclosing your pre-existing conditions essential?
Being transparent with your chosen attorney and medical providers is important. Arizona courts expect honesty about any prior injuries or medical issues. Failing to disclose these conditions can damage your credibility and make it seem like you are hiding something. Opening up about your medical history early allows your attorney to clearly separate your new injuries from the existing ones and show how the accident made your condition bad. Below are common examples of pre-existing conditions that may affect a claim:
- Back or neck injuries from previous accidents
- Degenerative joint disease or arthritis
- Head trauma and previous concussions
- Nerve damage and chronic pain
Your legal team can use your medical records and expert testimony to show how the present accident worsened these conditions.
How are pre-existing conditions evaluated?
Arizona applies the “eggshell plaintiff” rule, meaning the negligent party is liable for the full harm caused, even if you were more easily injured due to a prior condition.
However, courts and insurers also consider the contrasting “crumbling skull” rule. This limits recovery to the damage beyond what your condition would have caused anyway. The courts and insurance adjusters consider the:
- Medical records comparing your health before and after the accident
- Expert opinions explaining how the accident worsened your condition
- Imaging or diagnostic tests confirming the worsening of your injury
- Treatment history and consistency in your reported symptoms and pains
Proper documentation helps clearly separate your pre-existing conditions from the new injuries brought by the accident. Keep records of your medical visits, note your symptoms and track any changes in your physical or emotional health after the incident. When you provide solid evidence, it becomes harder for insurers to reject your injury or deny your claim.
Your health history should not limit your right to recovery
Your medical history should not affect your right to recovery for an aggravated or worsened pre-existing condition. With the right documentation and transparency, you can pursue the damages you deserve under Arizona law.
