How Pre-Existing Conditions Affect Your Personal Injury Claim in Alaska
A pre-existing condition can be an old back injury, diabetes that lasts a long time, or a mental health condition. Insurers examine your past medical problems to reduce the money they pay out. They might claim that your symptoms are caused by the old issue, not the accident.
Nonetheless, Alaska courts demand that insurers prove your new injury did not make your previous condition worse. In such a case, you may still be compensated for further harm.
What Is Considered a Pre‑Existing Condition?
Suppose you have chronic arthritis and are involved in a rear-end collision. The crash could increase risks and make you more open to harm than usual. Even if arthritis isn’t your accident’s direct cause, its progress can be addressed.
For example, old injuries, damaged discs, and anxiety disorders are considered pre-existing conditions if they become worse because of a new event.
Why Insurance Companies Focus on Your Medical History
Insurance companies check your medical history before the accident to argue that your recent pain or issues aren’t the other party’s fault. They may say you are not being sincere, or the medical evidence does not prove that your condition has worsened.
According to Alaskan law, if it is hard to tell who caused the problem, the benefit of the doubt belongs to you, not to the insurers who caused the problem.
How the “Eggshell Plaintiff Rule” Applies in Alaska
Even though it is not written in law, Alaska’s courts apply the tort law rule that if your body were fragile, the person who injured you is still responsible for all the harm.
In other words, you cannot be held accountable for their actions because you were already in danger. It follows the general principles of U.S. common law and guarantees fairness when accidents add to earlier issues.
Proving Aggravation of a Pre‑Existing Injury
You demonstrate aggravation by studying the patient’s medical records before and after the accident and getting expert opinions. Doctors can explain the worsening condition caused by the new injury.
It is essential to use imaging, specialist reports, and symptom timelines. If your neck pain worsened after a crash, a qualified doctor can confirm that the collision caused the pain.
Common Tactics Insurance Companies Use
You should be ready for insurance companies to request IMEs or claim that your condition would have worsened without treatment. They may try to explain your symptoms as unrelated simply by pointing to a gap in your medical record.
Therefore, it is essential to build a clear timeline that outlines the patient’s consistent pain, then the crash, and finally the worsening symptoms.
Your Legal Rights Under Alaska Personal Injury Law
Under AS 09.17.900 et seq., you have two years after the accident to file a personal injury suit in Alaska, and the amount you receive may be affected by the comparative fault rule stated in AS 09.17.060.
You must always be truthful about past injuries, as you cannot deceive the insurer or the court. Disclosing your medical history does not reduce your ability to recover from severe harm.
Tips for Strengthening Your Claim
Tell your doctor about your medical history from the start. Record every doctor’s visit, change in treatment, and any new symptoms. Find an experienced Alaska accident attorney who can explain your situation well and bring in experts to demonstrate how the other party worsened your condition.
You should contact your insurance company right after an accident, especially if you have had issues. An experienced attorney can keep your evidence safe, deal with insurers, and guarantee you are paid for all your damages.
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