What You Need to Know About Insurance Tactics and Protecting Your Right to Compensation

Car accidents often cause new injuries, but for some people, the impact of a crash can worsen existing medical conditions. When this happens, insurance companies may try to reduce or deny compensation by blaming injuries on pre-existing conditions rather than the accident itself. Mississippi law allows accident victims to recover damages even if they had prior health issues, but insurance adjusters often challenge these claims to limit payouts.

Understanding how pre-existing conditions affect car accident claims can help victims protect their right to full compensation. Knowing how insurers attempt to deny these claims and the risks of accepting quick settlements is essential when seeking fair compensation.

How Pre-Existing Conditions Impact a Mississippi Car Accident Claim

A pre-existing condition is any medical issue that existed before the accident. Common conditions that insurers often scrutinize in car accident claims include:

• Back and neck injuries
• Arthritis or joint pain
• Herniated discs
• Previous fractures or surgeries
• Degenerative conditions (such as osteoarthritis)
• Chronic pain disorders

Mississippi follows the “eggshell plaintiff” rule, which means that a person cannot be denied compensation simply because they were more vulnerable to injury due to a pre-existing condition. If an accident aggravates a prior injury or makes an existing condition worse, the at-fault party can still be held responsible for the additional harm caused.

How Insurance Companies Use Pre-Existing Conditions to Limit Payouts

Insurance companies regularly investigate medical records in an effort to reduce or deny claims. Adjusters may use several strategies to argue that a victim’s injuries were not caused by the accident:

• Claiming the Injury Was Pre-Existing – Insurers often review medical records to find evidence that an injury existed before the crash and argue that the accident did not cause the condition.
• Arguing the Accident Did Not Worsen the Condition – Even if a pre-existing condition is acknowledged, the insurer may argue that the accident did not make it worse.
• Demanding Extensive Medical Records – Adjusters frequently request years of medical history to find anything they can use to claim an injury was unrelated to the crash.
• Using Inconsistent Statements Against the Victim – Insurers look for inconsistencies in medical records, police reports, and victim statements to challenge the claim.

Victims with pre-existing conditions must be prepared to counter these tactics with strong medical evidence and legal representation.

How to Protect Your Claim When You Have a Pre-Existing Condition

Insurance companies will attempt to limit their liability, but there are steps accident victims can take to protect their right to full compensation:

1. Seek Immediate Medical Attention – A medical evaluation immediately after the accident can document any new injuries or worsening of pre-existing conditions.
2. Be Honest About Medical History – Concealing prior conditions can hurt a claim if insurers discover inconsistencies. Full disclosure allows doctors to document how the accident affected existing health issues.
3. Obtain Medical Expert Opinions – Medical experts can provide statements explaining how the accident aggravated a pre-existing condition.
4. Keep Detailed Medical Records – Documentation from before and after the accident helps show the difference in a victim’s condition.
5. Avoid Signing Medical Releases Without Legal Guidance – Insurers often ask victims to sign broad medical releases to access unrelated health information. Legal advice is crucial before signing any documents.

The Risks of Accepting a Quick Settlement

Insurance companies may offer fast settlements in cases involving pre-existing conditions, hoping victims will accept before realizing the full impact of the accident on their health. Quick settlements often fail to account for:

• Future Medical Treatment – A settlement may not cover long-term physical therapy, surgeries, or worsening symptoms that develop over time.
• Ongoing Pain and Suffering – Non-economic damages, such as emotional distress and reduced quality of life, are often undervalued in early offers.
• Lost Earning Potential – If an injury limits a victim’s ability to work, a rushed settlement may not reflect lost wages or reduced earning capacity.

Once a settlement is accepted, victims waive their right to seek additional compensation. It is important to fully understand the extent of injuries before agreeing to any offer.

Pursuing Legal Action for Full Compensation

When insurers refuse to offer fair compensation, filing a lawsuit may be necessary. Mississippi law allows accident victims to recover damages even if they had pre-existing conditions, but proving an injury was worsened by the accident requires strong evidence. A lawsuit can help:

• Establish how the accident caused new injuries or aggravated prior conditions
• Challenge the insurance company’s arguments against full compensation
• Secure damages for medical expenses, lost income, and pain and suffering

Legal action may also push insurers to offer a fair settlement rather than risk losing in court.

If an insurance company is trying to deny or reduce your claim because of a pre-existing condition, you have the right to fight back. The attorneys at Kellum Law Firm, P.C. know how to challenge these tactics and seek the full compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and protect your rights.

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Frequently Asked Questions

Can I still recover compensation if I had a pre-existing condition?
Yes. Mississippi law allows accident victims to seek damages even if they had a pre-existing condition. If the crash made the condition worse or caused new injuries, the at-fault party is still responsible for those damages.

How do insurance companies use pre-existing conditions to deny claims?
Insurance adjusters review medical records to argue that an injury existed before the accident. They may claim that the accident did not worsen the condition or that treatment would have been needed regardless of the crash.

How can I prove that the accident aggravated my pre-existing condition?
Medical records showing the condition before and after the accident are key. A doctor’s statement explaining how the accident worsened the injury can also strengthen the claim.

Should I tell the insurance company about my pre-existing condition?
Honesty is important, but be cautious about how much information you provide. Insurance companies often use broad medical record requests to search for reasons to deny a claim. An attorney can help ensure that only relevant information is shared.

What should I do if the insurance company denies my claim because of a pre-existing condition?
A denial does not mean the case is over. If the insurer refuses to pay, legal action may be necessary. An attorney can challenge the denial by presenting medical evidence and expert testimony.

Why should I be careful about signing medical release forms for the insurance company?
Insurers often request broad medical authorizations to access years of medical history. They use this information to find unrelated conditions and argue that an injury was not caused by the accident.

How do insurance companies calculate settlements when a pre-existing condition is involved?
Insurers look at medical records, accident details, and treatment costs. They may reduce payouts if they argue that part of the injury existed before the crash. A strong legal case can challenge these reductions.

Should I accept the first settlement offer if I have a pre-existing condition?
Early offers often undervalue long-term medical needs and pain and suffering. A quick settlement may not account for future treatments or complications. Consulting with an attorney ensures a fair evaluation of damages.

What if my injuries prevent me from working?
If a car accident worsens a condition to the point that it affects employment, victims may be entitled to compensation for lost wages and reduced earning capacity.

Can Kellum Law Firm help if the insurance company is using my medical history against me?
Yes. Insurance companies often use pre-existing conditions as an excuse to avoid paying fair compensation. An experienced attorney can present medical evidence, expert testimony, and legal arguments to fight these tactics.

Call For Your Free Consultation

If you’ve been injured in a Mississippi car accident, understanding how police reports impact your claim is crucial. At Kellum Law Firm, P.C., our attorneys can guide you through the claims process and ensure your rights are protected. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and secure the compensation you deserve.