If you’ve been injured in an accident, but have a medical condition that pre-dates the crash, you might worry that your history will hurt your personal injury claim in Arizona. Many people hesitate to take action because they assume insurance companies will blame everything on their prior injuries/medical conditions. While insurers often try, Arizona law tells a very different story. You can recover compensation for injuries made worse by an accident, and understanding your rights can make a major difference in your case.
At East Valley Injury Law, our team of personal injury attorneys helps clients every day who are dealing with this exact issue. Here’s what Arizona law says about pre-existing conditions and how they may affect your claim.
Arizona Follows the “Thin Skull” Rule
One of the most important legal principles protecting injured victims with pre-existing conditions is the “thin skull” rule. This rule says that a negligent party must take the victim as they are – even if the victim is more susceptible to injury.
In simpler terms, if someone else causes an accident, they’re responsible for the damage they cause, even if your body was more vulnerable to injury than someone else’s. If your condition was stable before the accident and then worsened because of it, the at-fault party is liable for the aggravation to the pre-existing condition.
One of the most common examples of this is when a person is asymptomatic before an accident, they become symptomatic after the accident, and the insurance company points to the fact that the person had pre-existing degenerative disease in their spinal discs. We work with witnesses and acquire prior medical records to prove our client had no symptoms prior to the crash, and that the crash is the cause of them becoming symptomatic.
Insurance companies may argue that your pain, mobility issues, or limitations existed before the accident, but Arizona law makes it clear: the negligent party (be it an at-fault driver or property owner) does not get a free pass just because you had a prior medical condition.
Aggravation of a Pre-Existing Condition Is Compensable
Arizona law distinguishes between two important concepts:
- A pre-existing condition that is not made worse by the accident
2. A pre-existing condition that is aggravated, accelerated, or reactivated by the accident
Only the second one results in compensation. You can’t recover damages for the condition as it existed before the accident, but you can recover for the degree to which the accident worsened it.
Common examples include:
- Chronic back or neck pain that becomes significantly more painful after a car accident
- Degenerative disc disease aggravated by the impact
- Prior knee or shoulder injuries that flare up due to a fall
- Previously healed fractures that re-fracture in an accident
Medical evidence is critical here. Doctors can often compare medical records before and after the incident to show how your symptoms changed and whether the trauma made the condition worse.
Honesty About Your Medical History Is Essential
A major mistake people make is hiding a pre-existing condition, often because they fear it will weaken their case. In reality, this can do far more harm than good. Insurance companies investigate claims thoroughly, and if they discover that information was withheld, they may claim fraud or attempt to deny the case entirely.
Being transparent allows your attorney to:
- Establish a clear timeline
- Prove how stable or manageable your condition was before the accident
- Demonstrate exactly how the accident worsened your symptoms
Full honesty paired with strong documentation will actually strengthen your claim.
Despite the Law, Insurance Companies Will Try to Use Your Pre-Existing Condition Against You
Even though the law protects injured victims, insurers routinely use pre-existing conditions to minimize payouts. They may claim:
- Your pain isn’t new
- Your condition alone caused your current symptoms
- The accident had minimal or no impact
- You would have experienced the same issues eventually
This is where an experienced personal injury attorney becomes crucial. Your lawyer can work with medical experts, gather diagnostic imaging, and highlight the contrast between your pre- and post-accident medical condition.
How East Valley Injury Law Helps Protect Your Rights
Pre-existing conditions often make personal injury claims more complex, but they do not stop you from recovering compensation. At East Valley Injury Law, we know how to:
- Gather and compare medical records
- Work with doctors to clarify aggravation of your injuries
- Challenge insurance company arguments
- Prove the extent of pain, limitations, and financial losses caused by the accident
Despite having arthritis, a past injury, or a chronic condition, you deserve justice when someone else’s negligence makes things worse.
Final Thoughts
Arizona law is clear: an accident that aggravates a pre-existing condition is compensable. The key is demonstrating how the accident impacted your health, documenting your symptoms, and working with an attorney who knows how to overcome the insurance company’s tactics.
If you’re dealing with a pre-existing condition and were recently injured in an accident, East Valley Injury Law is here to help you navigate the process and fight for the compensation you deserve. Contact us today for a free consultation.
