Insurance Claims and Pre-Existing Conditions

by Alex

You may be able to recover compensation through an insurance settlement or personal injury lawsuit despite pre-existing conditions, but this is not an easy task. Our attorneys may be able to show how your accident worsened a pre-existing condition or caused additional injuries and pursue compensation based on that.

Shulman & Hill represents victims hurt in New York personal injury accidents. We believe those who caused these injuries should be legally responsible, and we seek to hold them accountable. Call (555) 555-5555 today to learn more.

While insurance companies cannot blame your injuries or their severity on a pre-existing condition, they trust you do not know this. They may try to pay significantly less than you deserve, blame someone else for your injuries, or deny the claim entirely.

However, insurers should cover the costs of re-injuries, aggravated injuries, or those that might not have occurred if you did not have a pre-existing health condition. Under legal doctrine, you might be an “eggshell plaintiff.” This means you might have a pre-existing condition that caused you to suffer worse injuries than someone would without your diagnosis.

For example, imagine you have degenerative disc disease in your lumbar spine. A crash could cause a more serious, more debilitating back injury as a result. However, the at-fault party is still liable for the full severity of your injuries. There are qualifications under New York law, but our attorneys can properly apply these rules as we seek compensation on your behalf.

Work With Our Attorneys to Negotiate a Fair Insurance Settlement in Your Case

Several important things must occur in personal injury cases involving pre-existing conditions. Our attorneys know how to manage them and protect our clients’ rights throughout this process. We may need to be careful about releasing your medical records and ensure we disclose the previous diagnosis or injury in a way that aligns with your best interests.

Our team does not back down from difficult or complex cases, even when an insurance company wants to reduce or deny a claim and blame pre-existing conditions for the injuries. We understand our clients’ rights and fight to protect them.

We seek fair compensation for our clients based on the damages they suffered. This includes a range of expenses and losses, such as medical treatment costs, missed income, and pain and suffering. We also pursue compensation for estimated future damages. This does not consider the effect a pre-existing condition might have on causing or worsening their injuries.

Protect Your Rights While Disclosing Your Pre-Existing Condition

If you have a pre-existing medical condition and suffered an injury, you can expect the insurance company to highlight your medical history. Insurers generally want to pay out as little as possible to settle a claim, so they may see this as an opportunity to reduce your payout or deny your claim.

You should not hide your medical history when protecting your rights. However, we can help you disclose your diagnosis in a way that is not as damaging to your case. You do not want the insurance company to discredit your injuries or devalue your claim. This could result in a settlement offer that might not cover your accident-related treatment, income losses, or pain and suffering.

When our personal injury attorneys represent a client with a pre-existing condition, we can approach the case with the knowledge that we may have to overcome allegations from the insurer related to this condition. We may need to strategize on how to handle the disclosure, document injuries, and pursue compensation that meets your needs.

Shulman & Hill Handles Insurance Claims With Pre-Existing Conditions

Shulman & Hill has recovered more than $250 million for our clients. We manage insurance negotiations and personal injury lawsuits, pursuing financial recovery that compensates our clients for their injuries and losses.

As New York’s premier personal injury law firm, our lawyers take on even the most difficult and complex cases. Every case becomes a personal matter to us, and we fight for every client’s best interests. If you are handling an insurance claim that involves a pre-existing health condition, let us review your case with you for free today.

Shulman & Hill provides free initial case consultations. We can review your case facts and talk about how our team might approach your case. We may be able to file an insurance claim and personal injury lawsuit to seek compensation for you. Call (555) 555-5555 today to get started.


https://nysba.org/NYSBA/Publications/Section%20Publications/TICL/PastIssues2000present/Winter2007/Winter2007Assets/TICLJournWin07.pdf (about NY eggshell doctrine exceptions)

Our History of Success


"The treatment received by Shulman & Hill was extremely excellent. They treated me like I was part of their family and that gave me a lot of confidence in them. I would recommend them one hundred percent because they are very trained in your area. I congratulate you and ask God to fill you with blessings. Gracias for your support."

Ramon E.

"I would like to thank The Shulman & Hill Law Firm in Brooklyn for their outstanding representation on my worker’s compensation case. The monetary reward exceeded our expectations and Alex worked closely with me to meet and exceed my goals."

John S.

"To anyone in need of a worker’s compensation lawyer, I highly recommend Alex Shulman and his team. They went above and beyond to best accommodate me during my time of injury. All my questions and concerns were answered in a timely manner and with the utmost professionalism. In addition and most importantly they fought to make sure I was correctly compensated for my injuries at time of settlement and didn’t rush to get paid. I will be recommending their firm to anyone and everyone in need of their services."

Chaim L.

"I am both satisfied and relieved with the results this extremely professional and reliable firm did. They lead me through the entire process, they never gave me any issues. They handled everything on their own, and always put a great deal of effort to ensure my comfort and best interest. They were always reachable and answered all my questions, and gave me information even when I didn’t know what the right question to ask was.  They turned a grave dilemma into something very manageable and repairable. They are efficient and do not linger with any paperwork, I was truly amazed at the results and the short time it took. I highly recommend them to anyone, and will seek their counsel in the future."

Akila B.

"I really appreciate the service I received with Shulman & Hill.  They walked me through the process and kept me informed every step of the way.  They would call and leave a message and when I called back, I was connected with a person who knew exactly what my call was about.  I was very satisfied with my settlements. Thank You!"

Aaron R.

"Alex Shulman did a wonderful job walking me through all the process of my case…making sure I understood all the legality and severity of all my hearing. I highly recommend their firm to handle any and all worker’s compensation cases. They strive for your wellbeing health-wise as well as aiming for the financial max."

Altagrace G.

"Schulman & Hill was my very first choice I chose for my WC case . I am very pleased with the outcome of my case. I would highly recommend them to friends. They are very professional and kept me informed during every step of this process. Should I ever need a WC attorney again, God forbid, Shulman & Hill it is, hands down . Thank you ."

Cheryl M.

"I had a great experience with Shulman & Hill. They have a great team and were very understanding and helpful from day one. I felt like I was in good hands and the outcome on my case overreached my expectations! I highly recommend this firm. You can be rest assured that they will fight for you rights."

Anna G.

"My experience with the Shulman & Hill lawyers during this process time was excellent, they are competent and very professional lawyers, they worked quickly with my case and they kept me informed of the whole process all the time. Shulman & Hill’s fans recommend them with closed eyes, thank you very much Shulman & Hill."

Carolyn G.

"Shulman & Hill is the best firm out there. They help you understand....since walking into Shulman & Hill, they have guided me...to get a win. I am completely happy with my compensation. What brought me to Shulman & Hill was their expertise in workers compensation and personal injury cases. What I found value in was in their mission to provide compassionate service..."

Jason S.

"I went to the Internet to find a lawyer to assist me to navigate worker’s compensation process. Shulman & Hill was my first choice  and I have no regrets. I was impressed with the prompt response to my case. I must comment on the office environment and office staff being  friendly, professional and prompt. A big thanks to the lawyers that represented me at the hearings and Valeria who helped to lessen my anxiety are dealing with legal issues. I have no hesitation in recommending this law firm to anyone that requires legal services."

Ita L.

"The best law firm in NYC! They explain everything to you and they are very generous and helpful. The lawyers are excellent and very respectful as also is the receptionist. I highly recommend the Shulman & Hill law firm."

Davis C.

"Excellent lawyers. Excellent service. I will recommend them as my first choice. They helped me with my case since day one. They know exactly how to work on a case and win it. They worked fast and were always in communication with me.  I won my case with a very high amount. Thanks to all the staff, I wish them my best. They will always be in my heart."

Grace B.

"Had a very positive experience working with Shulman & Hill in the worker’s compensation case. Everyone is very professional and competent. Received the maximum possible settlement in court. I am sincerely grateful to my lawyers and personally Alex Shulman for the work done. I wish you further success and prosperity."

Dmitry M.

"I am so glad that I chose Alex Shulman to represent me in my worker’s compensation case. I have definitely recommended him to some of my coworkers and friends who needed an Attorney. I am so happy with the service I got from him and his paralegals. Thank you very much to the entire staff at Shulman & Hill for everything!"

Ilya K.

"Shulman & Hill have been tremendously helpful in resolving my case. They are extremely professional and thorough. I would recommend them to anyone working to resolve a difficult case."

James M.

"I was very pleased with the work of this firm. They made sure I understood my case and I was never left out of the loop. They were professional and very friendly. I would recommend them to anyone looking for someone who is going to fight for you to the very end."

Jennifer D.

"Do not waste time looking for better. There is no better than Shulman & Hill. I am very happy I got introduced to them by my good friends. Definitely THE BEST there is."

Arian K.

"Shulman and Hill are the absolute best: JJ, Alex and Christine are powerhouse attorneys who get the best results for their clients. I feel like these guys took care of me like family. When you’re dealing with a worker’s compensation case, you’ll want a pit bull to represent you: Shulman & Hill is the firm you need."

Chelsea W.

"Wonderful service quality by the group of professional advocates in the law firm of Shulman & Hill! I did not expect that I will find a proper solution regarding my worker’s compensation. However, it has been possible by the experts and they have made the task easier over the period. Thanks to them for their help."

Corey A.

"I would definitely like to thank Mr. Alex Shulman and his entire staff at Shulman and Hill for their exceptional work in helping me with my Worker’s Compensation case. Their entire staff was courteous and professional from start to finish and all work was done in a timely fashion. I was previously with a different law firm who were not as informative, and they made me feel like I was a mere money to them. I personally recommend the law offices of Shulman & Hill for any injury/ worker’s compensation case you may have. They strive to get you a maximum reward for your injury, while maintaining the utmost courtesy and professionalism."

Dain J.


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