If you already had a medical condition, you might assume it weakens your personal injury claim after an accident. That assumption doesn’t hold up, however, as Maryland law allows you to seek compensation when someone’s negligence causes new harm or worsens your condition.
How a pre-existing condition fits into your claim
A pre-existing condition means any injury, illness or limitation you had before the incident. Insurance companies often argue your pain pre-dated the accident so they try to reduce your payout. But under state law, the responsible party must accept you as you are, including existing vulnerabilities.
That said, the law does not allow you to claim for harm you already suffered. You must show the accident caused additional damage beyond your previous condition.
How pre-existing conditions affect claims
Your condition does not automatically reduce your chances of receiving compensation in your personal injury claim. But because you had prior issues, you may face more questions and scrutiny. The defendant may argue the harm comes from your condition rather than the accident. In those situations, you must show the new event significantly altered your medical status.
Practical steps to preserve your claim
It is important to report your accident promptly and get medical care quickly. Be honest about your medical history. Your credibility matters more when prior conditions exist. Additionally, keep detailed records of how your condition changed after the incident. Track changes in your symptoms, treatment, activity levels or work limitations. Focus on the additional harm caused by the accident and show the link between the incident and your worsened condition.
Taking account of your health baseline
You deserve compensation for new harm caused by someone else’s careless or negligent act, even if you were not in perfect health when the incident occurred. The key issue becomes how the incident changed your condition and what you lost because of that change.