Got Pre-Existing Conditions? Here’s How They Affect Your Colorado Car Accident Claim

You’re driving home from your regular doctor’s appointment, thinking about your diabetes management plan, when BAM – someone runs a red light and slams into your car. Now you’re dealing with new injuries on top of your existing health issues, and you’re wondering: “Will my diabetes hurt my accident claim?”

If you’ve got pre-existing medical conditions and you’re involved in a car accident in Colorado, you’re probably feeling pretty overwhelmed right now. Trust me, you’re not alone in this situation, and yes – your pre-existing conditions absolutely can affect your claim, but not always in the way you might think.

Let me walk you through everything you need to know about how your existing health issues might impact your car accident case. We’ll cover the good, the bad, and the strategies that actually work when dealing with insurance companies who love to use your medical history against you.

What Exactly Counts as a Pre-Existing Medical Condition?

Before we dive in, let’s get clear on what we’re talking about here. A pre-existing medical condition is basically any health issue you had before your car accident happened. We’re talking about:

Common Pre-Existing Conditions That Pop Up in Claims

Chronic Pain Conditions:

• Arthritis in your back, knees, or joints
• Fibromyalgia
• Previous injuries that never quite healed right
• Chronic headaches or migraines

Systemic Health Issues:

• Diabetes
• Heart conditions
• High blood pressure
• Autoimmune disorders like lupus or rheumatoid arthritis

Mental Health Conditions:

• Depression
• Anxiety disorders
• PTSD from previous trauma
• Bipolar disorder

Previous Injuries:

• Old car accident injuries
• Sports injuries that still bother you
• Work-related injuries
• Slip and fall injuries

Here’s the thing – just because you had health problems before doesn’t mean you can’t get compensation for new injuries or worsening of existing ones. But it does make things more complicated.

The Eggshell Skull Rule: Your Secret Weapon

Now, here’s where things get interesting. Colorado follows something called the “eggshell skull rule,” and honestly, it’s one of the most important legal concepts you need to understand if you have pre-existing conditions.

What the Heck is the Eggshell Skull Rule?

The eggshell skull rule basically says that the person who caused your accident has to take you as they found you. If you have a “thin skull” (meaning you’re more fragile due to existing conditions), that’s their problem, not yours.

Let’s say you have arthritis in your lower back, and it bothers you maybe twice a week. Then someone rear-ends you, and now your back pain is constant and debilitating. The at-fault driver can’t say, “Well, you already had back problems, so we’re only paying for a little bit of your pain.”

Nope. They’re responsible for all the harm they caused, even if your pre-existing condition made you more susceptible to injury.

Real-World Example of the Eggshell Skull Rule

I’ll give you a perfect example. Let’s say Maria has mild diabetes that she manages pretty well with medication and diet. She gets hit by a drunk driver and suffers what would normally be considered “minor” injuries – some bruising and a small cut on her leg.

But because of her diabetes, that small cut becomes infected and takes months to heal properly. She ends up missing work, needing multiple doctor visits, and dealing with complications that a healthy person wouldn’t have experienced.

Under the eggshell skull rule, the drunk driver (and their insurance company) is responsible for ALL of those damages – not just what a “normal” person would have experienced.

How Insurance Companies Try to Use Your Medical History Against You

Let’s be real here – insurance companies aren’t your friends. They’re businesses trying to minimize payouts, and your pre-existing conditions give them ammunition to try to reduce or deny your claim.

The Classic Insurance Company Playbook

“It’s All Pre-Existing”
This is their favorite move. They’ll argue that all your current pain and suffering is just your old condition, not anything new from the accident. They’ll dig through your medical records looking for any mention of similar symptoms.

“You Were Already Damaged”
Insurance adjusters love to argue that since you already had problems, you can’t claim damages for pain and suffering. This is completely wrong legally, but they’ll try it anyway.

“Your Condition Would Have Gotten Worse Anyway”
They might bring in medical experts to argue that your condition was already degenerative and would have caused the same problems even without the accident.

“You Didn’t Disclose Your Conditions”
If you don’t mention your pre-existing conditions upfront, they’ll claim you were trying to hide something and use that to question your credibility.

How They Actually Investigate Your Medical History

Insurance companies don’t mess around when it comes to digging into your past. Here’s what they typically do:

• Request ALL your medical records going back 5-10 years
• Look for any similar complaints or symptoms
• Check prescription records to see what medications you were taking
• Review workers’ compensation claims
• Sometimes even hire private investigators to watch your daily activities

The “Aggravation vs. New Injury” Battle

This is where things get really tricky. Insurance companies will try to separate what’s “new” from what’s “aggravated,” and they’ll fight tooth and nail to minimize the aggravation component.

Understanding Aggravation Claims

When a pre-existing condition gets worse because of an accident, that’s called “aggravation.” You can absolutely recover damages for aggravation, but you have to prove:

1. You had a stable condition before the accident
2. The accident made it worse
3. The worsening was caused by the accident, not just natural progression

What “Stable” Actually Means

A stable condition doesn’t mean you were pain-free. It means your condition wasn’t actively getting worse. For example:

• You had back pain that was manageable with occasional ibuprofen
• Your arthritis bothered you on rainy days but didn’t interfere with daily activities
• Your depression was well-controlled with medication

If your condition was stable and then suddenly got much worse after the accident, that’s a strong aggravation claim.

Documenting the Difference

This is where good documentation becomes your best friend. You need to be able to show:

Before the Accident:

• How often you saw doctors for your condition
• What medications you were taking and how often
• What activities you could do
• Your pain levels on a typical day
• How much work you missed due to your condition

After the Accident:

• Increased doctor visits
• New or stronger medications
• Activities you can no longer do
• Higher pain levels
• More missed work days

Medical Documentation: Your Case’s Foundation

If there’s one thing I can’t stress enough, it’s the importance of solid medical documentation. Your medical records are literally the foundation of your entire case.

What Makes Good Medical Documentation

Detailed Symptom Descriptions:
Don’t just tell your doctor “my back hurts.” Be specific:

• Where exactly does it hurt?
• What kind of pain is it? (sharp, dull, burning, throbbing)
• When does it hurt most?
• What makes it better or worse?
• How does it compare to your pain before the accident?

Functional Impact Statements:
Your doctor needs to document how your injuries affect your daily life:

• “Patient reports inability to lift more than 10 pounds”
• “Patient states she can no longer play with her grandchildren on the floor”
• “Patient indicates difficulty sleeping due to increased pain”

Clear Causation Links:
Make sure your doctor understands the timeline and connects your worsening symptoms to the accident:

• “Patient’s chronic back pain has significantly worsened since motor vehicle accident”
• “Current symptoms represent clear aggravation of pre-existing condition”

Working with Your Doctors

Your relationship with your healthcare providers becomes even more important when you have pre-existing conditions. Here’s how to make it work for your case:

Be Completely Honest:
Tell your doctors about your pre-existing conditions AND how they’ve changed since the accident. Hiding information will only hurt you later.

Keep Detailed Pain Journals:
Track your symptoms daily. Note:

• Pain levels (1-10 scale)
• Activities that increase pain
• Medications taken
• Sleep quality
• Mood changes

Ask for Specific Documentation:
Don’t be shy about asking your doctor to document specific things in your chart that relate to your accident.

Different Types of Pre-Existing Conditions and Their Challenges

Not all pre-existing conditions are created equal when it comes to car accident claims. Let me break down the most common types and what you can expect.

Chronic Pain Conditions

These are probably the trickiest to handle because pain is subjective, and insurance companies love to argue about it.

Arthritis:
If you have arthritis and get in an accident, the insurance company will try to blame all your joint pain on the arthritis. You need to show that your arthritis was manageable before and is now much worse.

Fibromyalgia:
This one’s tough because fibromyalgia symptoms can fluctuate naturally. You’ll need detailed documentation of your symptom patterns before and after the accident.

Previous Back Injuries:
Back injuries are super common in car accidents, so if you already had back problems, expect a fight. The key is showing that your previous injury was stable or improving before the new accident.

Mental Health Conditions

Mental health pre-existing conditions add another layer of complexity to your case.

Depression and Anxiety:
Car accidents can definitely worsen existing depression and anxiety. You might develop new triggers, have panic attacks while driving, or experience increased social withdrawal.

PTSD:
If you already had PTSD from a previous trauma, a car accident can absolutely make it worse or trigger new symptoms. This is particularly common with veterans or people who’ve experienced previous accidents.

Degenerative Conditions

These are conditions that naturally get worse over time, which gives insurance companies ammunition to argue that your problems aren’t from the accident.

Degenerative Disc Disease:
Insurance companies love to argue that your back pain is just your discs naturally deteriorating. You need medical evidence showing the accident accelerated the degeneration.

Osteoporosis:
If you have osteoporosis, you might be more likely to break bones in an accident. The eggshell skull rule protects you here, but you’ll need good medical testimony.

The Role of Medical Experts in Pre-Existing Condition Cases

When you have pre-existing conditions, medical expert testimony often becomes the make-or-break factor in your case.

Types of Medical Experts You Might Need

Treating Physicians:
Your own doctors who’ve been treating you before and after the accident. They’re usually your best witnesses because they know your medical history intimately.

Independent Medical Examiners (IMEs):
These are doctors hired specifically to evaluate your case. They can provide objective opinions about causation and the extent of your injuries.

Specialists:
Depending on your conditions, you might need:

• Orthopedic surgeons for bone and joint issues
• Neurologists for nerve problems
• Psychiatrists for mental health conditions
• Pain management specialists for chronic pain

What Medical Experts Need to Address

Your medical experts need to tackle several key questions:

1. What was your baseline condition before the accident?
2. How has your condition changed since the accident?
3. Is the change related to the accident or natural progression?
4. What’s your prognosis going forward?
5. What treatment do you need, and what will it cost?

Calculating Damages When You Have Pre-Existing Conditions

Here’s where the rubber meets the road – figuring out what your case is actually worth when you have pre-existing conditions.

The Apportionment Challenge

Colorado law requires that damages be “apportioned” – meaning you can only recover for the portion of your damages caused by the accident, not your pre-existing condition.

But here’s the catch – the burden is on the insurance company to prove what percentage of your problems are pre-existing versus accident-related. If they can’t separate it out clearly, you get the benefit of the doubt.

Types of Damages You Can Recover

Medical Expenses:

• Treatment for new injuries
• Additional treatment needed for aggravated pre-existing conditions
• Future medical costs related to the accident
• The difference in treatment costs before and after the accident

Lost Wages:

• Time off work due to new injuries
• Additional time off due to worsened pre-existing conditions
• Reduced earning capacity if your conditions now limit your work ability

Pain and Suffering:
This is often the biggest fight. You can recover for:

• New pain from accident injuries
• Increased pain from aggravated pre-existing conditions
• Mental anguish from dealing with worsened health
• Loss of enjoyment of life

Proving Your Damages

Documentation is everything when it comes to proving damages with pre-existing conditions:

Before and After Comparisons:

• Medical records showing your condition before the accident
• Records of increased treatment after the accident
• Work attendance records
• Activity logs or journals

Economic Documentation:

• Medical bills before and after the accident
• Prescription costs
• Lost wage statements
• Receipts for medical equipment or modifications

Common Mistakes People Make (And How to Avoid Them)

I’ve seen people torpedo their own cases by making these common mistakes. Don’t be one of them.

Mistake #1: Not Disclosing Pre-Existing Conditions

Some people think they should hide their medical history to avoid complications. This is a huge mistake. Insurance companies WILL find out about your pre-existing conditions, and if you haven’t been upfront about them, they’ll use that to destroy your credibility.

What to Do Instead:
Be completely honest about your medical history from day one. Your attorney can work with pre-existing conditions, but they can’t work with lies or omissions.

Mistake #2: Saying “I’m Fine” at the Accident Scene

If you have pre-existing conditions, you might be used to dealing with pain and think your post-accident pain is normal. But saying “I’m fine” to the police or paramedics can come back to haunt you.

What to Do Instead:
Be honest about how you feel, even if you’re not sure if it’s accident-related. Say something like, “I’m not sure yet, but I’d like to be checked out.”

Mistake #3: Delaying Medical Treatment

Sometimes people with pre-existing conditions think they can just tough it out or that their regular doctor can handle everything. But delaying treatment creates gaps in your medical records that insurance companies love to exploit.

What to Do Instead:
Seek medical attention right away, even if you think your injuries might be minor. Get a baseline exam so there’s documentation of your condition immediately after the accident.

Mistake #4: Not Keeping Detailed Records

People with chronic conditions sometimes get lax about tracking symptoms because they’re used to dealing with them. But after an accident, detailed records become crucial.

What to Do Instead:
Start keeping meticulous records immediately after your accident:

• Daily pain levels
• Activities you can and can’t do
• Medications and their effectiveness
• Sleep patterns
• Mood changes

Mistake #5: Accepting the First Settlement Offer

Insurance companies often make quick, low settlement offers hoping you’ll take the money and run. With pre-existing conditions, they’re betting you’ll be afraid they won’t pay anything at all.

What to Do Instead:
Don’t accept any settlement offer without having your case properly evaluated by an experienced attorney. You probably have more leverage than you think.

Working with Insurance Companies: Strategies That Actually Work

Dealing with insurance companies when you have pre-existing conditions requires a specific strategy. Here’s what actually works.

The Proactive Approach

Don’t wait for the insurance company to discover your pre-existing conditions. Get out in front of it:

Gather Your Medical Records Early:
Collect all your relevant medical records from before the accident. This shows you’re being transparent and lets you control the narrative.

Create a Timeline:
Document exactly what your condition was like before the accident and how it’s changed since. Be specific with dates, symptoms, and functional limitations.

Get Strong Medical Opinions:
Work with your doctors to get clear statements about how the accident affected your pre-existing conditions.

Responding to Insurance Company Tactics

When They Say “It’s All Pre-Existing”:
Point to specific changes in your condition since the accident. Use your medical records and daily documentation to show the difference.

When They Demand an IME:
You might have to submit to an Independent Medical Examination. Prepare by:

• Reviewing your medical history
• Bringing all relevant records
• Being honest but not volunteering unnecessary information
• Having your attorney prepare you for likely questions

When They Make a Lowball Offer:
Don’t get discouraged. Counter with documentation showing:

• The full extent of your damages
• How your life has changed since the accident
• Your future medical needs
• The strength of your legal position under the eggshell skull rule

When You Need an Attorney (Hint: Probably Now)

Let’s be honest – if you have pre-existing conditions and you’ve been in a car accident, you probably need an attorney. These cases are just too complex to handle on your own.

Signs You Definitely Need Legal Help

• The insurance company is denying your claim based on pre-existing conditions
• They’re offering a settlement that seems way too low
• You’re getting conflicting medical opinions
• The insurance company is requesting extensive medical records
• Your injuries are serious or permanent
• You’re dealing with multiple insurance companies

What to Look for in an Attorney

Not all personal injury attorneys are created equal. When you have pre-existing conditions, you need someone who:

Has Experience with Complex Medical Cases:
Look for attorneys who regularly handle cases involving pre-existing conditions. They’ll understand the medical and legal issues involved.

Works with Good Medical Experts:
Your attorney should have relationships with qualified medical experts who can testify about causation and damages.

Understands Colorado Law:
Make sure your attorney is familiar with Colorado’s specific laws about pre-existing conditions and comparative fault.

Has a Track Record of Success:
Ask about their results in similar cases. How have they handled pre-existing condition arguments in the past?

The McCormick & Murphy Approach

At McCormick & Murphy P.C., we’ve been handling complex personal injury cases involving pre-existing conditions for over 25 years. We understand that having pre-existing health issues doesn’t make you less deserving of full compensation when someone else’s negligence makes your life worse.

Located right here in Colorado Springs at 929 W Colorado Ave, we’ve built our practice on the principle that everyone deserves aggressive representation, regardless of their medical history. Our professional track record speaks to our commitment to getting results for our clients.

We work on a contingent fee basis, which means you don’t pay attorney fees unless we recover money for you. If there’s no recovery, there’s no fee – it’s that simple.

Specific Colorado Laws You Should Know About

Colorado has some specific laws and rules that affect how pre-existing conditions are handled in car accident cases.

Colorado’s Comparative Fault Rule

Colorado follows a “modified comparative fault” system. This means that if you’re partially at fault for the accident, your damages will be reduced by your percentage of fault. But here’s the key – your pre-existing conditions don’t count as “fault” in causing the accident.

However, if your pre-existing condition somehow contributed to the accident (like if you had a medical episode while driving), that could affect your case.

The Collateral Source Rule

Colorado’s collateral source rule means that the at-fault party can’t reduce their payment to you just because you have health insurance or other benefits that covered some of your medical bills. This is particularly important if you have ongoing medical coverage for your pre-existing conditions.

Statute of Limitations Considerations

Colorado generally gives you three years from the date of the accident to file a lawsuit. But with pre-existing conditions, sometimes the full extent of your injuries doesn’t become apparent right away. In rare cases, the statute of limitations might be extended, but don’t count on it – get legal help early.

Medical Records Privacy Laws

Colorado has specific rules about how your medical records can be used in litigation. Insurance companies can’t just go on a fishing expedition through your entire medical history – they need to show relevance to your current claim.

Real Case Examples (Names Changed for Privacy)

Let me share some real examples of how pre-existing conditions have played out in Colorado car accident cases. These stories might sound familiar to your situation.

Case #1: The Diabetic Construction Worker

Tom was a 45-year-old construction worker with well-controlled Type 2 diabetes. He got rear-ended at a red light and suffered what seemed like minor injuries – some bruising and a small cut on his shin.

But because of his diabetes, that small cut became infected and wouldn’t heal. He ended up missing three months of work, had multiple doctor visits, and eventually needed a skin graft. The insurance company initially offered $2,500, arguing that his healing problems were due to his diabetes, not the accident.

With proper legal representation and medical testimony, Tom recovered $85,000. The key was showing that while his diabetes made him more susceptible to complications, the accident was the direct cause of his need for extensive treatment.

Case #2: The Teacher with Chronic Back Pain

Sarah was a 38-year-old elementary school teacher who’d had lower back pain for years from an old sports injury. She managed it with occasional physical therapy and over-the-counter pain medication. She could work, exercise moderately, and play with her kids.

After getting hit by a distracted driver, her back pain became constant and severe. She needed prescription pain medication, regular physical therapy, and eventually surgery. She had to take a leave of absence from teaching.

The insurance company argued that her surgery was needed anyway due to natural degeneration. But medical records showed her condition had been stable for three years before the accident. She ultimately recovered $350,000, including damages for her lost teaching career.

Case #3: The Veteran with PTSD

Mike was a military veteran with PTSD from his service overseas. He’d been managing his condition well with therapy and medication. He could drive, work, and maintain relationships.

After a serious car accident, his PTSD symptoms became much worse. He developed new triggers related to driving and loud noises. He couldn’t work his job as a mechanic because the sounds in the shop triggered panic attacks.

The insurance company tried to argue that all his problems were from his military service, not the car accident. But with testimony from his psychiatrist showing how the accident specifically worsened his condition and created new symptoms, Mike recovered $275,000.

Building Your Case: A Step-by-Step Guide

If you’re dealing with pre-existing conditions after a car accident, here’s your roadmap for building the strongest possible case.

Step 1: Immediate Actions After the Accident

Get Medical Attention:
Even if you think your symptoms might just be your usual condition acting up, get checked out. You need documentation of your condition immediately after the accident.

Document Everything:
Take photos of:

• The accident scene
• Vehicle damage
• Any visible injuries
• The other driver’s insurance card and license

Be Careful What You Say:
Don’t discuss your pre-existing conditions at the scene unless directly asked by medical personnel. Don’t say you’re “fine” if you’re not sure.

Step 2: Medical Documentation Phase

Gather Pre-Accident Records:
Collect medical records showing your condition for at least 2-3 years before the accident. This establishes your baseline.

See Your Regular Doctors:
Make appointments with the doctors who’ve been treating your pre-existing conditions. They need to document how your condition has changed since the accident.

Follow All Treatment Recommendations:
Don’t skip appointments or ignore treatment recommendations. Gaps in treatment give insurance companies ammunition.

Start a Symptom Journal:
Track daily:

• Pain levels (1-10 scale)
• Activities you can/can’t do
• Medications taken
• Sleep quality
• Mood changes

Step 3: Building Your Legal Case

Contact an Attorney Early:
Don’t wait until the insurance company denies your claim. Get legal help while evidence is fresh and witnesses are available.

Organize Your Documentation:
Create organized files of:

• All medical records (before and after accident)
• Bills and receipts
• Work records
• Insurance correspondence
• Photos and videos

Identify Witnesses:
This includes:

• People who knew your condition before the accident
• Witnesses to the accident
• Family members who can testify about changes in your condition

Step 4: Working with Medical Experts

Choose the Right Experts:
Work with your attorney to identify medical experts who can:

• Explain your condition to a jury
• Testify about causation
• Provide opinions on future treatment needs

Prepare for Examinations:
Be honest during medical examinations, but don’t volunteer information that’s not asked for. Stick to the facts about how your condition has changed.

Step 5: Negotiation and Settlement

Know Your Case Value:
Understand what your case is worth based on:

• Medical expenses (past and future)
• Lost wages
• Pain and suffering
• Loss of enjoyment of life

Be Patient:
Cases involving pre-existing conditions often take longer to resolve. Don’t rush into a settlement just to get it over with.

Consider All Options:
Sometimes going to trial gets better results than settling, especially when insurance companies are being unreasonable about pre-existing conditions.

The Psychology of Dealing with Insurance Companies

Understanding how insurance companies think about pre-existing conditions can help you better prepare for their tactics.

How Insurance Adjusters Are Trained

Insurance adjusters receive specific training on how to handle pre-existing condition claims. They’re taught to:

• Look for any mention of similar symptoms in past medical records
• Question whether treatment was really necessary
• Argue that conditions would have worsened anyway
• Use gaps in treatment to suggest problems aren’t serious
• Minimize the impact of accidents on existing conditions

The Economics Behind Their Tactics

Insurance companies know that people with pre-existing conditions often:

• Feel less confident about their claims
• Worry that they won’t recover anything
• Accept lower settlements out of fear
• Don’t want to go through lengthy legal processes

They use these psychological factors to pressure you into accepting less than your claim is worth.

Staying Strong During the Process

Remember Your Rights:
You have the same right to compensation as anyone else. Your pre-existing conditions don’t make you less deserving.

Focus on the Changes:
Keep documenting how your life has changed since the accident. This is what matters most.

Don’t Take It Personally:
Insurance adjusters are doing their job. Don’t let their tactics make you angry or discouraged.

Trust the Process:
With good legal representation and proper documentation, cases involving pre-existing conditions can and do succeed.

Future Medical Care and Pre-Existing Conditions

One of the biggest challenges in pre-existing condition cases is proving what future medical care you’ll need and how much it will cost.

Types of Future Care You Might Need

Ongoing Treatment:

• Regular doctor visits
• Physical therapy
• Prescription medications
• Medical equipment

Surgical Interventions:

• Procedures you might not have needed without the accident
• Earlier surgeries due to accelerated degeneration
• Revision surgeries if initial treatments fail

Pain Management:

• Injections
• Nerve blocks
• Pain medication
• Alternative treatments

Mental Health Care:

• Therapy for accident-related trauma
• Medication adjustments
• Support groups

Proving Future Medical Needs

Life Care Plans:
These are detailed reports prepared by medical experts that outline:

• What treatment you’ll need
• How often you’ll need it
• How much it will cost
• How long you’ll need it

Medical Testimony:
Your doctors need to explain:

• Why future treatment is necessary
• How it relates to the accident
• What happens if you don’t get treatment
• The costs involved

Economic Analysis:
Economists can calculate the present value of future medical expenses, accounting for inflation and other factors.

Working with Your Current Healthcare Team

Your existing doctors and healthcare providers are your most valuable witnesses in a pre-existing condition case.

Preparing Your Medical Team

Educate Them About Your Case:
Make sure your doctors understand that you’re involved in litigation and that their documentation matters.

Provide Timeline Information:
Help your doctors understand exactly when the accident occurred and how your symptoms have changed since then.

Ask for Specific Documentation:
Request that your doctors document:

• How your condition has changed since the accident
• Whether the accident caused or contributed to the changes
• What treatment you need going forward
• How the changes affect your daily life

Managing Multiple Specialists

If you see multiple doctors for different conditions, coordination becomes important:

Share Information:
Make sure all your doctors know about the accident and your other treatments.

Avoid Conflicting Opinions:
Work with your attorney to address any conflicting medical opinions before they become a problem.

Maintain Consistency:
Make sure you’re giving consistent information to all your healthcare providers.

The Role of Technology in Documenting Your Case

Modern technology can be a huge help in documenting how your pre-existing conditions have been affected by your accident.

Smartphone Apps for Tracking Symptoms

Pain Tracking Apps:

• MyRA for arthritis patients
• ArthritisPower for joint pain
• PainScale for general pain tracking

Mood and Mental Health Apps:

• Daylio for mood tracking
• Sanvello for anxiety and depression
• PTSD Coach for trauma symptoms

General Health Apps:

• MyFitnessPal for activity levels
• Sleep Cycle for sleep tracking
• Medication reminder apps

Wearable Technology

Fitness Trackers:
Can show changes in:

• Activity levels
• Sleep patterns
• Heart rate variability
• Steps per day

Smartwatches:
More advanced tracking of:

• Exercise capacity
• Fall detection
• Heart rhythm monitoring

Digital Documentation

Photo Documentation:

• Progress photos of injuries
• Screenshots of pain tracking
• Photos of medical equipment or mobility aids

Video Documentation:

• Day-in-the-life videos showing limitations
• Before and after activity comparisons
• Testimony from family members

Dealing with Setbacks and Complications

Cases involving pre-existing conditions rarely go smoothly. Here’s how to handle common setbacks.

When Your Condition Gets Worse

Sometimes your condition continues to worsen even after you’ve filed your claim. This can actually strengthen your case if properly documented.

Document Everything:

• New symptoms
• Additional treatment needs
• Increased limitations
• Higher pain levels

Update Your Medical Team:
Make sure your doctors document the progression and its relationship to the accident.

Notify Your Attorney:
Your lawyer needs to know about changes so they can adjust your claim accordingly.

When You Have Good Days and Bad Days

Chronic conditions often fluctuate, and insurance companies love to use your good days against you.

Be Honest About Both:
Document both good days and bad days in your journal.

Explain the Pattern:
Help your doctors understand your symptom patterns so they can document them properly.

Don’t Overdo It:
Just because you have a good day doesn’t mean you should push yourself. This often leads to worse symptoms later.

When Treatment Isn’t Working

Sometimes the treatment you receive after your accident doesn’t help, or even makes things worse.

Document Failed Treatments:
Keep records of:

• What treatments you tried
• How long you tried them
• Why they didn’t work
• Any side effects

Try Alternative Approaches:
With your doctor’s approval, consider:

• Physical therapy
• Acupuncture
• Massage therapy
• Pain management specialists

Don’t Give Up:
Failed treatments can actually support your case by showing the severity of your condition.

What Happens If Your Case Goes to Trial?

Most car accident cases settle out of court, but sometimes trial is necessary, especially when insurance companies are being unreasonable about pre-existing conditions.

Preparing for Trial

Jury Selection:
Your attorney will look for jurors who:

• Understand that people can have health problems
• Won’t blame you for your pre-existing conditions
• Can follow the law about the eggshell skull rule

Medical Testimony:
Your doctors will need to testify about:

• Your condition before the accident
• How the accident changed your condition
• Your future medical needs
• The costs involved

Day-in-the-Life Evidence:
The jury needs to understand how your life has changed:

• Video documentation
• Family testimony
• Activity limitations
• Employment impacts

What to Expect at Trial

Cross-Examination:
The defense will try to:

• Minimize the accident’s impact
• Emphasize your pre-existing problems
• Question your credibility
• Suggest you’re exaggerating

Medical Expert Battles:
Both sides will have medical experts with different opinions about:

• Causation
• The extent of your injuries
• Future treatment needs
• Costs

Jury Instructions:
The judge will instruct the jury about:

• The eggshell skull rule
• How to apportion damages
• What they can and can’t consider

Taking Action: Your Next Steps

If you’re dealing with pre-existing conditions after a car accident in Colorado, here’s what you should do right now:

Immediate Actions (This Week)

1. Gather Your Medical Records:
   • Contact all your doctors’ offices
   • Request records from 2-3 years before the accident
   • Get copies of everything since the accident
2. Start Documentation:
   • Begin a daily symptom journal
   • Take photos of any visible injuries
   • List all the ways your life has changed
3. See Your Doctors:
   • Make appointments with your regular healthcare providers
   • Explain how your conditions have changed since the accident
   • Follow all treatment recommendations

This Month

1. Consult with an Attorney:
   • Don’t wait for the insurance company to deny your claim
   • Get a free consultation to understand your rights
   • Choose someone experienced with pre-existing condition cases
2. Organize Your Documentation:
   • Create files for medical records, bills, and correspondence
   • Make copies of everything
   • Start a timeline of events
3. Be Careful with Insurance Communications:
   • Don’t give recorded statements without legal advice
   • Don’t sign medical releases
   • Forward all communications to your attorney

Long-Term Strategy

1. Stay Consistent with Treatment:
   • Don’t miss medical appointments
   • Follow your doctors’ recommendations
   • Document everything
2. Be Patient:
   • These cases take time to develop properly
   • Don’t rush into a settlement
   • Trust the legal process
3. Take Care of Yourself:
   • Focus on your recovery
   • Don’t let the legal process consume your life
   • Use your support system

Why You Shouldn’t Go It Alone

Look, I get it – you might be thinking you can handle this yourself. Maybe you’re worried about attorney fees, or you think your case isn’t “big enough” for a lawyer. But here’s the truth: cases involving pre-existing conditions are some of the most complex in personal injury law.

Insurance companies have teams of lawyers, investigators, and medical experts working to minimize your claim. They know that people with pre-existing conditions often feel vulnerable and are more likely to accept low settlements.

You need someone on your side who understands the medical and legal complexities involved. Someone who won’t be intimidated by insurance company tactics and who knows how to present your case in the strongest possible light.

At McCormick & Murphy P.C., we’ve been fighting for people with pre-existing conditions for over 25 years. We know how to handle these complex cases, and we work on a contingent fee basis – you don’t pay unless we recover money for you.

Don’t let your pre-existing conditions become an excuse for insurance companies to deny you the compensation you deserve. You have rights, and you deserve someone who will fight for them.

If you’re ready to take action, give us a call at (719) 800-9407. We offer free consultations, and we’d be happy to review your case and explain your options. You can also visit us at our office at 929 W Colorado Ave in Colorado Springs.

Remember – having pre-existing medical conditions doesn’t make you less deserving of full compensation when someone else’s negligence makes your life worse. The law is on your side, and with the right legal team, you can get the justice you deserve.

Don’t wait – Colorado’s statute of limitations gives you limited time to act, and the sooner you get started, the stronger your case will be. Your health, your family, and your future are worth fighting for.