What Is an Aggravation of a Preexisting Condition or Injury?

You may be eligible for compensation if you were injured on the job or in an accident resulting from the negligence of another party. You can seek compensation by filing an insurance claim or lawsuit.

However, your case may be uniquely complex if you have a preexisting condition. Along with compensation for any new injuries you may have sustained, you may also deserve compensation for the aggravation of a preexisting condition. Proving you deserve this compensation could be challenging, though.

Understanding Aggravation of a Preexisting Condition

What is an aggravation of a preexisting condition or injury? In a legal context, aggravation of a preexisting condition means that the condition was made permanently worse. This differs from exacerbation. When someone sustains an exacerbated injury, their previous injury temporarily worsens. However, said preexisting injury is likely to return to its previous state over time.

Aggravation of preexisting injuries and conditions is different. When an injury is aggravated, the change is likely permanent. There’s minimal chance the condition will heal to the extent that it returns to the state it was in before an accident aggravated it.

After a car accident, workplace injury, or other such circumstance, aggravation of a preexisting condition can influence the compensation that may be available. Contact Munley Law today to discuss your aggravated injury claim.

What Qualifies as a Preexisting Condition?

A preexisting condition in this context is often any health condition or injury that existed before an accident. Common examples of preexisting conditions include:

• Neck injuries
• Back injuries
• Heart disease
• Arthritis
• Brain injuries

Those are just examples. In some cases, preexisting injuries and conditions may also include mental health issues, such as post-traumatic stress disorder (PTSD).

Generally, courts and insurers don’t allow accident victims to claim compensation for preexisting injuries themselves. However, financial compensation for medical bills, lost wages, and more may be available if it can be shown that an accident caused an injury to be aggravated.

How Aggravation of a Preexisting Condition Affects Your Claim

Aggravation of a preexisting condition may add to the compensation available. Proving that a preexisting condition was made permanently worse will often require substantial medical evidence.

Your medical records can provide an insurer or the court with a picture of your injury and condition before your accident. By comparing your medical history with the changes in your condition resulting from an accident, it may be possible to show that said accident resulted in permanent aggravation.

Coordinating with medical professionals may also be necessary. Even physical therapy workers could potentially provide testimony. Doctors, however, can help to explain in clear terms the way an injury has been aggravated and not merely exacerbated.

Gathering evidence and coordinating with medical professionals (and anyone else who can help with your case) aren’t tasks you need to handle yourself when recovering from injuries. Legal help can be quite valuable now. Let Munley Law help you prove the aggravation of your condition and pursue compensation.

Challenges with Preexisting Condition Claims

Workers’s compensation and personal injury lawyers can also be helpful because insurance companies often try to deny claims for preexisting injuries. Or, they may attempt to convince injured workers to accept lower settlements than they deserve.

Tactics insurance companies may use when cases involve preexisting conditions include:

• Arguing there is insufficient evidence indicating a work-related accident caused any aggravation
• Arguing there isn’t enough evidence to show an aggravation is permanent
• Arguing that a claimant is conflating an existing injury with a new one (or vice versa)

Those are just a few examples. Again, when filing a personal injury claim or workers’ compensation claim that involves seeking compensation for the aggravation of preexisting medical conditions, gathering as much medical evidence as possible can play a critical role in your case’s outcome.

Appealing a Denied Claim Involving a Preexisting Condition

The insurance company may deny a claim if you don’t submit enough evidence. That doesn’t necessarily mean you won’t be able to recover the compensation that’s available. It’s often possible to appeal denied workers’ compensation claims.

Don’t wait to take action after receiving a denial. For example, if you’re seeking workers’ comp after a workplace accident, and your claim gets denied, in Pennsylvania, you can file an appeal with the Pennsylvania Workers’ Compensation Appeal Board. However, you typically must do so within 20 days of a denial, or you may no longer have a case.

Legal counsel can improve your chances of success. At Munley Law, we’ll make sure all the paperwork is filed in a timely manner. Our attorneys can also gather the evidence you need to show why the insurance company should not have denied your claim. In the meantime, you should focus on continuing to receive the medical treatment you need.

Don’t give up on your case—talk to Munley Law about filing an appeal.

How Apportionment Affects Coverage in Aggravation Claims

Apportionment is a legal process meant to identify the extent to which a particular cause contributed to an injury or illness. For example, when seeking workers’ compensation benefits after a workplace accident that caused aggravation of a preexisting injury, the amount of compensation you might receive can depend on the degree to which the recent accident caused your current injuries.

This is why it’s often important to coordinate with doctors in these circumstances. They can examine you and determine what portion of your injuries were the result of a workplace accident.

Perhaps you’re seeking workers’ compensation after a workplace injury resulting in back pain. Maybe you already experienced some back pain due to preexisting conditions. A doctor might conclude that the recent accident is 60% to blame for the worsening of your back pain. As such, you may only receive 60% of the workers’ compensation you’re seeking.

Apportionment is just one example of a complexity that may play a role in your job-related injury claim. Managing your claim is easier with help from professionals who know how to fight for fair compensation on your behalf. Contact us to learn how apportionment could impact your claim.

Why You Need a Workers’ Compensation or Personal Injury Lawyer

Hiring a workers’ compensation lawyer is virtually always wise after sustaining work-related injuries. Similarly, it’s smart to hire a personal injury lawyer when seeking compensation for injuries resulting from the negligence of others. While you receive the medical care you need, your legal team can handle all aspects of your cases.

Hiring qualified lawyers is particularly important if you think a preexisting condition was made worse by an on-the-job accident. We can help by:

• Gathering medical records and other such evidence to show that aggravation of preexisting injuries occurred
• Leveraging our professional network to contact professionals who may offer valuable testimony
• If applicable, fighting for permanent disability benefits or temporary disability benefits
• Submitting paperwork on your behalf and handling negotiations with the insurance company
• Assisting with an appeal if the insurance company denies your claim

Those are just the most noteworthy examples of how we can assist you now. For more information, get in touch with Munley Law today for a free case evaluation.