Can I Still File a Claim If I Had a Pre-Existing Condition Before My Alabama Car Accident?
Having a pre-existing injury doesn’t rule out a car accident claim in Alabama. If a wreck aggravated an old injury or reinjured a body part that had healed, that aggravation is compensable on its own.
Attorney David Greene addressed this on a recent appearance on WKRG News 5’s Judge Knows, answering a common concern from people who assume an old injury disqualifies them from a claim.
Does a Pre-Existing Condition Rule Out My Claim?
No. Insurance companies bring up old injuries because it’s an easy way to argue the accident didn’t cause what you’re dealing with now. But an old injury and a new injury aren’t mutually exclusive. If the wreck made an existing problem worse, or caused a healed injury to flare back up, that’s still a loss you can recover for.
What Does “Aggravation of a Pre-Existing Condition” Mean?
It’s a recognized legal concept in Alabama civil cases. If a jury finds that a crash aggravated a condition you already had, or reinjured something that had gotten better, the driver who caused the wreck can still be held responsible for that harm. The insurance company’s argument that “this was already a problem” doesn’t hold up once a jury is instructed on what aggravation means. The practical version: if it hurt before, and the wreck made it hurt again or made it worse, you likely still have a claim worth pursuing.
Why Does Documentation Matter So Much?
Because a claim built on aggravation lives or dies on the medical record. Seeing a doctor after the wreck, and being specific with them about what changed, creates the paper trail that shows a before-and-after. Skipping that step, or waiting weeks to get checked out, gives an adjuster room to argue the accident had nothing to do with your symptoms. The sequence matters: call 911, get seen by a doctor, then talk to a lawyer, in that order.
What If I Don’t Have Records From an Old Injury?
That’s usually fixable. Old medical records can often be located even years later, whether they’re from a local provider or a hospital system in another state. A missing file from a prior injury isn’t a reason to assume you don’t have a case.
What Should I Do Next?
Call or come by. Greene & Phillips doesn’t require an appointment. Bring what you have, including any records related to a prior injury if you can find them, and the firm can help track down the rest.
If you’ve been hurt in a car accident and you’re worried an old injury will hurt your case, call Greene & Phillips Injury Lawyers at 251-478-1115 (Mobile) or 205-918-7800 (Birmingham), or visit our contact page. No appointment needed. All cases are handled on a contingency fee basis, with a free initial consultation.
