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  1. #1
    Join Date
    Oct 2009

    Default How to Prove No Pre-Existing Condition

    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.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Prove No Pre-Existing Condition

    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.

  3. #3
    Join Date
    Jun 2009

    Default Re: How to Prove No Pre-Existing Condition

    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.

  4. #4
    Join Date
    Mar 2009

    Default Re: How to Prove No Pre-Existing Condition

    Sorry I just now saw this...

    In the case I was in the middle of....2 insurance companies battling it out...I also requested my medical records from my prior physician, going as far back as possible. Those records showed no history of back pain.

    Additionally, the 2 insurance companies sent me for Independent Medical Exams, and those docs also agreed the injury was caused by the accident.

    The lawyers also obtained depositions from those docs and my Primary Care Physician. They also had all the medical records, reports from the XRays, MRI's....

  5. #5
    Join Date
    Jan 2010

    Default Re: How to Prove No Pre-Existing Condition

    it is pretty simple, medical records absent of the "bulging disc" which is a condition .

    even IF you have "Low back pain" prior symptoms are NOT a condition.

    For example you could have LBP from a kidney infection...then 1 year later have the wreck & now have LBP again, but, this time it is due to the trauma of the crash.

    The good news 90% of LBP due to DB can be treated with conservative care. A disc bulge is different animal than herniated discs.

    usually, DB is not a big money case. my guess you were (low impact rear ended )

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