Understanding the "Pre-Existing Condition" Trick in Insurance Claims
If you’ve been injured in an accident, you likely expect the insurance company to act in good faith and cover your medical bills. However, many victims in Oklahoma City are blindsided by a denial letter citing a pre-existing condition. This is a common tactic used by insurers to reduce their financial liability, effectively blaming your current pain on your medical history rather than the accident itself.
How the Trick Works
Insurance adjusters are experts at scouring your medical records for any past mention of back pain, joint issues, or old sports injuries. If they find a record of a minor back strain from five years ago, they may argue that your current herniated disc was "already there." Their goal is to claim that the accident didn't cause the injury, but was merely a coincidence.
Commonly targeted conditions include:
Degenerative Disc Disease: Often cited in car accident claims involving neck or back pain.
Prior Surgeries: Old knee or shoulder repairs are frequently used to dismiss new trauma.
Chronic Arthritis: Used to suggest that the accident didn't worsen your physical state.
The "Eggshell Plaintiff" Rule
It is important to know that under Oklahoma law, a pre-existing condition does not disqualify you from seeking compensation. The "Eggshell Plaintiff" rule dictates that a defendant is liable for all damages caused by their negligence, even if the victim was more susceptible to injury due to a prior condition. You are entitled to compensation if an accident aggravated or accelerated a dormant or stable condition.
How Milly Daniels Law Protects Your Claim
At Milly Daniels Law, we are familiar with these insurance company playbooks and know how to counter them. When we handle your case, we take a proactive approach to protect your recovery:
Medical Record Clarification: We work closely with your healthcare providers to distinguish between your old medical history and the new trauma caused by the accident.
Expert Testimony: We often engage medical experts who can testify precisely how the crash worsened your condition and impacted your quality of life.
Aggressive Advocacy: We hold insurance companies accountable to the "Eggshell Plaintiff" rule, ensuring they don't use your past health as an excuse to ignore your present needs.
Don't let a prior injury prevent you from getting the justice you deserve. If an insurance company is using your medical history against you, contact Milly Daniels Law today to ensure your rights are protected.
