My Insurance Claim was Denied for a Pre-Existing Condition
You are entitled to compensation for aggravations to your pre-existing conditions
Pre-existing conditions are the most common excuses given for insurance claim denials. Whenever you make a claim for injuries after an auto accident, a slip-and-fall, or a workers’ compensation injury, the first thing an adjuster will do is request an authorization to get your medical records. What the adjuster doesn’t tell you is that he or she will use this authorization to obtain years of family doctor records to go on a “fishing expedition” for pre-existing conditions. This is just one reason that you should never sign anything without talking to a lawyer first—the insurance company isn’t entitled to all of your records! Even though the new injury made your pre-existing condition worse, the insurance company will then deny your claim as pre-existing.
Pre-Existing Conditions are Not a Valid Reason to Deny Your Insurance Claim
In Pennsylvania, in both personal injury cases and workers’ compensation cases, the insurance company is liable for aggravations to your pre-existing conditions! Don’t let them tell you otherwise. Regardless of any old injuries, if your injury was made worse—you’re entitled to compensation for the worsening.
Can I win my case if I have a pre-existing bad back?
Don’t be fooled: most people injured in car accidents or hurt at work have pre-existing conditions. The fact of the matter is that some people are more susceptible to certain types of injuries—particularly back injuries. It might be because of genetics or it might be because you work a heavy duty job that takes a toll on your back. Fortunately, Pennsylvania Courts have long recognized the “eggshell skull” doctrine, which allows compensation for injuries regardless of how predisposed a person might have been. After all, if not for this injury, your problem wouldn’t be so bad or wouldn’t have occurred at all.
What should I do if I have a pre-existing condition and was hurt in an accident?
Although Pennsylvania law allows compensation for aggravations of pre-existing conditions, the insurance company will still use it as a defense. That’s why it’s so important to hire a lawyer as early as possible—before the insurance company gets all the ammunition they need to defend against your case. Our firm has successfully represented a number of individuals whose claims were denied because of their pre-existing conditions. Call our Erie, PA lawyers today for a free consultation and case review and we’ll let you know if we can help.