Established in 1911, McPhillips, Fitzgerald & Cullum LLP is the longest-standing law firm in the Greater Glens Falls region and holds Martindale-Hubbell’s highest “AV” rating. With attorneys across multiple specialties, the firm brings deep experience and a longstanding tradition of loyalty and hard work to every personal injury claim, including those involving pre-existing conditions.
What Is a Pre-Existing Condition?
If you had an injury or health concern before your recent accident, it may be viewed as a pre-existing condition. These can include:
- Back or neck injuries
- Arthritis
- Previous fractures
- Chronic pain or mobility issues
- Degenerative disc disease
Insurance companies often scrutinize these conditions to determine whether your symptoms stem from a new injury or your health history. While this might feel invasive, it is a routine part of most personal injury claims.
Can You Still File a Personal Injury Claim?
Yes. Having a pre-existing condition does not disqualify you from seeking compensation. The law recognizes the concept of the “eggshell plaintiff,” which means the person responsible for your injury must take you as you are—even if you are more vulnerable to injury due to past health issues.
What matters is whether the accident worsened your pre-existing condition. If it did, you may be entitled to compensation for the aggravation of that condition and any resulting medical expenses, lost wages, or pain and suffering.
How Insurance Companies Respond
Insurance companies often try to limit their liability by:
- Claiming the accident didn’t cause your injuries
- Arguing that your symptoms are unrelated to the incident
- Requesting extensive medical records to find alternate causes
This is why clear documentation and medical records are so important. A well-prepared case will distinguish between your baseline condition and the new harm caused by the accident. Supporting testimony from your physician can further strengthen your position.
Why Legal Guidance Matters
An experienced personal injury attorney can help you gather medical evidence, consult with healthcare professionals, and build a case that accurately reflects the accident’s impact on your health. Navigating insurance defenses is difficult without legal support, especially when your medical history is being used against you.
Don’t Let a Pre-Existing Condition Hurt Your Case
If you are dealing with the stress of an injury and have questions about how your pre-existing conditions might impact your personal injury claim, the legal team at McPhillips, Fitzgerald & Cullum LLP is here to guide you, answer your questions, and build a strategy that protects your interests.
To speak with a local attorney, contact our New York offices at 518-792-1174 or our Florida office at 305-751-8556 and schedule a consultation. Whether you’re in Glens Falls, Chestertown, or Miami Shores, we are ready to stand by your side.
