Differentiating Between Accident-Related Injuries and Pre-Existing Conditions

When treating patients who have been involved in car accidents, slip and fall incidents, or workplace injuries, chiropractors face a critical challenge: distinguishing between accident-related injuries and pre-existing conditions. Accurate differentiation not only ensures proper care, but also plays a pivotal role in supporting personal injury claims. 

a physical therapy or medical rehabilitation session focused on shoulder mobility and function.

Why Differentiation Matters

Insurance companies and defense attorneys often scrutinize treatment records to determine whether injuries were caused by the accident or stemmed from pre-existing conditions. If records fail to clearly differentiate the two, claims can be delayed, reduced, or denied.

Chiropractors serve as the first line of evaluation. Your assessments and notes help demonstrate which injuries are new and accident-related, and which are unrelated or chronic. This distinction can impact the strength of a patient’s personal injury claim.

Key Steps to Identify Accident-Related Injuries

Chiropractors can take the following steps to differentiate accident-related injuries from pre-existing conditions: 

1. Conduct a Thorough History

Start with a detailed intake. Ask patients about previous injuries, surgeries, or chronic conditions. Document everything, including dates, prior treatments, and current symptoms. Understanding the patient’s baseline allows you to identify changes caused by the accident.

2. Compare Pre- and Post-Accident Function

Examine the patient’s range of motion, strength, and neurological function both initially and over subsequent visits. Significant changes in function following the accident provide objective evidence that the injury is new.

3. Use Diagnostic Testing When Needed

Imaging, orthopedic tests, and other diagnostics can help differentiate acute injuries from older conditions. For example, new disc herniations, soft tissue swelling, or ligament damage often indicate trauma-related injuries rather than chronic degeneration.

4. Document Symptom Onset and Progression

Delayed symptoms are common, particularly with soft tissue injuries. Note exactly when pain, stiffness, or neurological symptoms began and how they have evolved. This timeline is crucial for linking injuries to the accident.

Documentation Tips for Legal Purposes

Accurate and thorough documentation is your strongest tool for differentiating injuries. Documentation should include:

  • Objective Findings: Record measurable changes in mobility, strength, or neurological function.
  • Patient Reports: Include detailed subjective complaints, noting when symptoms appeared and what aggravates or relieves them.
  • Treatment Rationale: Explain why each therapy or adjustment is medically necessary and how it addresses accident-related injuries.
  • Consistency Over Time: Track changes throughout the treatment plan. Consistent records help attorneys and adjusters clearly see the connection between the accident and the injury.

Communicating with Attorneys

Attorneys rely on your expertise to establish causation. Clear, detailed records allow legal professionals to:

  • Demonstrate that the injury occurred due to the accident.
  • Differentiate new injuries from pre-existing conditions.
  • Advocate for appropriate compensation based on the patient’s current and projected medical needs.

By maintaining open communication and providing precise documentation, chiropractors ensure attorneys have the evidence necessary to support the claim.

Distinguishing between accident-related injuries and pre-existing conditions is both a clinical and legal responsibility. Thorough evaluation, careful documentation, and clear communication with attorneys not only help patients recover safely, but also strengthen their personal injury claims.

David Feldman (“Dave” – NOT the former City Attorney) was born and raised in College Station, so it was only natural that he received his undergraduate degree from Texas A&M. After college, Dave received his law degree from South Texas College of Law in Houston. Dave began practicing personal injury law in 2004. Having numerous cases cited and published, a former employer selected him to co-author an appellate brief to uphold a $155 million verdict, the largest in the history of Brazos County, Texas at the time.

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