[anonym]

The MRI showed bulging disk after one’s car accident. Is it necessary to prove no pre-condition? If so, how to prove it? The accident victim never had back pain before the car accident. Thanks for your answer.

[Mr. Knowitall]

Laws vary by state. Generally speaking, if you can demonstrate that the condition underlying your symptoms was asymptomatic prior to the accident, and became symptomatic as a result of the accident, you can recover damages. Even where a pre-existing condition is aggravated it's possible to recover damages, although the defense will typically try to attribute all symptoms to the pre-existing condition.

[Scott67]

Also,you can expect to be asked to provide information about previous medical treatment. Your doctors will be asked if they have ever treated you for a similar condition. The lack of any previous treatment is evidence in your favor. It will be up to the defense to prove that there was a previous condition.

If you had previous treatment, it is inadvisable to hide it. It is better to admit to the treatment with your doctor indicating that the conditioned was resolved, or at least that the accident worsened the condition. If you try to hide it (like not identify the doctor who provided the treatment), you could jeopardise your case. All else being equal, a "fresh" injury is worth more in settlement than an aggravated previous injury.