I have An Injury, But I Had Some Health Problems Before. Can I Still Claim?

The simple answer is yes, provided that you can show that the accident actually caused you some damage, and that it was not all due to a pre-existing condition. Many people have a previous history of (for example) back pain from time to time, especially those who work in a manual job. However, an injury may make that condition worse, or bring on new symptoms.

One of the things we have to establish is what is called “causation”. This means actually linking the injury complained of, to the accident in question. This is really a matter for the medical experts, but again it can be helped by a statement from you, family and friends, perhaps work colleagues, which show how active you were before the injury, and how different you were after. It is, however, sometimes a grey area, and it is an aspect of the case often challenged by the Defendant insurer and/or their medical expert.

In most cases, and in all serious cases, it is likely that the Defendants will wish to obtain their own medical evidence, and they will seek to obtain your own medical records which they will wish to consider, and pass to their consultant. They (and we) may also need to obtain your personnel/occupational health and other records, as this can be relevant both to injury and losses, in serious claims.

It is very important to be absolutely clear what you say regarding any previous medical problems. It can be easy to forget problems you may have had years ago, but if you do have a medical history, it is essential to be up front and to mention it. The doctor will inevitably pick it up from the medical records anyway.