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Will a Pre-existing Condition Impact My Personal Injury Case in Maryland?

If you or a loved one was recently involved in an accident or was injured due to the negligence of another party, the road to recovery can feel overwhelming. On top of any physical pain, you or a loved one must endure, there is often a tremendous amount of mental and emotional anguish as you recover from an accident. The last thing you want to have to worry about is if your claim will be denied due to a pre-existing condition.

Unfortunately, insurance companies and defense attorneys will try and use a pre-existing condition against you in an attempt to refute your claim to damages. The accomplished attorneys of Holzman & Dickriede are here to help during this difficult time. We have the experience necessary to build a winning legal strategy and protect your right to pursue damages.

It is important to note that a pre-existing injury should not prevent you from seeking legal representation. During our consultation, we will discuss your accident, as well as any pre-existing conditions that may have worsened as a result. We take pride in protecting our clients from insurance companies and defense attorneys who attempt to blame you, the victim, for your pain and suffering. A pre-existing condition should never be held against a victim, and we will ensure that does not happen to you or a loved one.


What is a pre-existing condition?

A pre-existing condition is defined as any condition that the patient has already received medical advice or treatment for. Most commonly, pre-existing conditions affect insurance coverage and claims, but can also be critical in personal injury cases.

Some of the most common pre-existing conditions include:

  • Prior physical injuries
  • Anxiety
  • Diabetes
  • Asthma
  • Sleep apnea
  • Depression
  • Arthritis
  • Extreme obesity
  • Degenerative Disc Disease


What if my preexisting condition is worsened after an accident?

Often, your medical history can be a useful asset when showing a preexisting condition has worsened since an accident. If you were receiving regular medical treatment before an accident, there is likely there is documentation about the severity of any associated pain or ailment. This baseline can be used to then show a worsening in pain or symptoms as a result of an accident.

For example, let’s say you suffer from chronic neck pain as a result of diagnosed degenerative disc disease. You are involved in an automobile accident and the pain has significantly worsened as a result. By showing a history of treatment and appointments related to your neck pain, we may be able to establish the severity of the issue before the accident, and then show it has worsened or been further aggravated, by the accident.


Does a pre-existing condition change the damages I can pursue?

In short, no. If you are injured in an accident or due to the negligence of another party, you are still entitled to pursue damages whether you have a pre-existing condition or not. Damages can be awarded for:

  • Lost wages or future earnings
  • Past or future medical expenses
  • Anticipated costs of long-term and ongoing care
  • Your emotional and physical pain and suffering
  • Reimbursement for out-of-pocket expenses

It is important to note that a pre-existing condition may impact your compensation based upon how the condition impacted your life before the accident. This is why it is important to disclose any pre-existing conditions with our legal team. We know how the insurance company and defense legal team will try to poke holes in your case and attempt to deny your claims. By having a full understanding of all facts relevant to the case, we can develop a winning strategy.


Experience You Can Rely On

Our attorneys have a successful track record of defending clients in personal injury claims and will rely on our expertise when building your case. We have represented victims in the state of Maryland in a full range of personal injury actions, including cases stemming from workplace injuries, vehicle accidents, and slip and falls. To schedule a free consultation, please call 410-539-4222 or contact us online. Our office is located in downtown Baltimore, but we can meet clients at their homes or the hospital.



For more than 50 years, Holzman & Dickriede has obtained substantial verdicts and settlements for injury victims throughout Maryland. Ask around about us!


Read Next:

 5 Qualities You Should Look for in a Personal Injury Lawyer

What To Expect With The Personal Injury Case Process

7 Questions to Ask Before Hiring a Personal Injury Attorney


In a free initial consultation, we’ll go over the facts of your case and identify any parties that might be responsible for the injury. 


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