motorcycle accidents and pre existing conditions

The Impact of Pre-Existing Conditions on Your Motorcycle Accident Case

When a motorcycle accident occurs, the victim’s pre-existing medical conditions can affect the outcome of their case. It is essential to understand how pre-existing conditions can impact the case and what steps you can take to ensure that you receive a fair settlement.

In this article, we will discuss the impact of pre-existing conditions on your motorcycle accident case and provide guidance on how to protect your rights.

If you’ve been in a motorcycle accident and you have a pre-existing condition, it’s crucial to work with an attorney. A West Virginia motorcycle accident lawyer will work alongside you to ensure you’re not taken advantage of by the insurance companies.

Contact Miley Legal today to schedule a free case review.

Understanding Pre-Existing Conditions

A pre-existing condition is any health issue or injury that you had before the accident. The condition can range from minor to severe and can include anything from a previous broken bone to a chronic illness. If you had a pre-existing condition, the insurance company might argue that the accident did not cause your injuries but that your pre-existing condition was the cause of your injuries.

Just because you have a pre-existing condition does not mean you’re not entitled to compensation. In fact, you can seek compensation if your pre-existing condition was made worse by the accident.

How Pre-Existing Conditions Can Impact Your Motorcycle Accident Case

Pre-existing conditions can affect your motorcycle accident case in two ways: liability and damages.


Liability refers to who is responsible for the accident. In some cases, your pre-existing condition may be a contributing factor to the accident. For example, if you had a vision problem and did not see the other vehicle, the insurance company may argue that your vision issue caused the accident rather than the other driver’s negligence.


Damages refer to the compensation you receive for injuries and losses. Insurance companies may argue that your pre-existing condition caused your injuries rather than the accident. As a result, the insurance company may offer a lower settlement, arguing that your pre-existing condition contributed to your injuries.

You can work with an experienced motorcycle accident lawyer to prove liability so the insurance company can’t deny your claim. Your attorney will also help you establish how your injuries resulted from the accident, not your pre-existing condition.

Steps You Can Take to Protect Your Rights

If you have a pre-existing condition and have been involved in a motorcycle accident, there are steps you can take to protect your rights and ensure that you receive fair compensation.

Disclose Your Pre-Existing Conditions

It is essential to be upfront and honest about any pre-existing conditions you have. Failing to disclose your pre-existing conditions can harm your case and lead to a lower settlement offer. Your attorney can help you disclose your conditions in a way that highlights the injuries you sustained in the accident and how they are separate from your pre-existing condition.

Seek Medical Treatment

If you have a pre-existing condition, it is crucial to seek medical treatment as soon as possible after the accident. Failure to get immediate medical treatment in any accident can impact your insurance claim.

A medical professional can assess your injuries and provide a medical opinion that links your injuries to the accident and not your pre-existing condition. Your doctor can also show whether or not your pre-existing condition was worsened by the accident. If so, you can seek compensation for those damages as well.

Consult With an Experienced Motorcycle Accident Attorney

An experienced motorcycle accident attorney can help protect your rights and ensure that you receive fair compensation. They can negotiate with insurance companies on your behalf, handle paperwork, and represent you in court if necessary.

A motorcycle accident lawyer is essential to any personal injury claim. However, it’s especially important that you work with an attorney if you have a pre-existing condition. They will do whatever it takes to prove liability and how the defendant’s actions caused your damages so you can get the compensation you deserve.

Contact Miley Legal Today

If you have a pre-existing condition and have been involved in a motorcycle accident, it is essential to understand how pre-existing conditions can impact your case. Insurance companies may try to argue that your pre-existing condition was the cause of your injuries, therefore denying your claim.

Miley Legal will not allow that to happen. We will do everything it takes to prove that your pre-existing conditions were worsened or that you sustained different injuries from your motorcycle accident. Our team of experienced attorneys will fight for your rights and ensure you’re fully compensated for your damages.

Don’t wait to get the help you need. Contact us today to schedule a free case review.

Author Bio

Tim Miley is the Founder of Miley Legal Accident Injury Lawyers, a West Virginia personal injury law firm he formed in 2006. With more than 30 years of experience in personal injury law, he is dedicated to representing clients in a wide range of personal injury cases, including car accidents, trucking accidents, motorcycle accidents, brain injuries, wrongful death, and other personal injury matters.

Tim received his Juris Doctor from Duquesne University and is a member of the West Virginia State Bar and the Harrison County Bar Association. He has helped his clients win more than $10 million in personal injury verdicts and settlements and has further served the people of West Virginia by filling legislative roles in the state’s government since 2004.

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