From our recent feature on The Esquire Elite Podcast
How do insurance companies treat preexisting conditions?
It is one of the most common defenses, and jurors truly do not like preexisting conditions. Now, the law as it stands is, you can have a preexisting condition, but if it is aggravated by the car accident or aggravated by the new injury incident and that is compensable, they owe you money for that.
What they will do is they will go get your medical history. I had this happen in a case recently. It was a back injury case, and he did have some preexisting back conditions. How much that preexisting condition impacts your claim will be determined on whether the condition is considered dormant or active.