Skiing is a way of life in Vermont. From weekend trips to Stowe Mountain Resort to family outings at Killington Resort or Sugarbush Resort, thousands of skiers hit the slopes every winter. But when a ski accident leads to serious injury, insurance companies often look for one thing before they look at anything else: your medical history.
At Brown Law Firm in Vermont, we regularly see how insurance carriers use pre-existing injuries as a strategy to reduce or deny ski accident claims. If you’ve been hurt at a Vermont ski resort, understanding this tactic can protect your right to full compensation.
What Is a Pre-Existing Injury?
A pre-existing injury is any medical condition you had before the ski accident. This could include:
- Prior knee surgery
- Chronic back pain
- A previous shoulder dislocation
- Degenerative disc disease
- Old fractures or ligament tears
Insurance companies often argue that your current pain or limitations are not the result of the ski accident, but rather a continuation of a prior issue.
The Insurance Company Playbook
When you file a ski accident claim in Vermont, insurers typically take the following steps:
- Requesting Extensive Medical Records
Adjusters will request years, sometimes decades, of prior medical records. Their goal is to find any history of similar complaints.
- Blaming Degenerative Conditions
Even if you were symptom-free before your accident, insurers may claim that arthritis, disc degeneration, or past injuries are the real cause of your current condition.
- Ordering an Independent Medical Exam (IME)
Insurance carriers frequently require an “independent” medical exam. These exams often favor the insurer and may downplay the severity of your injury or attribute it to pre-existing issues.
- Offering Reduced Settlements
By arguing that your injury was partially or entirely pre-existing, insurers attempt to lower settlement values, sometimes dramatically.
Why Ski Accident Claims Are Especially Vulnerable
Skiing is a physically demanding sport. Insurance companies often argue that:
- You assumed the risk of injury.
- Your body was already under strain.
- The injury is consistent with “normal wear and tear.”
In Vermont, ski resorts often rely on liability waivers and inherent risk statutes. But those defenses do not eliminate responsibility for negligence, especially when unsafe slope conditions, unmarked hazards, or reckless skiers are involved.
How Brown Law Firm Builds Strong Ski Injury Claims
At Brown Law Firm, we work to counter insurance tactics by:
- Comparing pre-accident and post-accident medical imaging
- Consulting orthopedic specialists
- Demonstrating clear aggravation of prior injuries
- Highlighting changes in work capacity and daily function
- Documenting the full financial impact of your injury
We focus on telling the complete story, not just what appears in old medical records.
Protecting Your Rights After a Vermont Ski Accident
If you’ve been injured while skiing in Vermont and have a prior medical history, do not assume you don’t have a case. Insurance companies count on that assumption.
Pre-existing injuries do not disqualify you from compensation. What matters is whether the ski accident made your condition worse and whether negligence played a role.
The sooner you speak with an experienced Vermont ski accident attorney, the better positioned you’ll be to protect your claim.
Brown Law Firm proudly represents ski accident victims across Vermont. If an insurance company is trying to blame your injuries on your past, we’re ready to fight for the full compensation you deserve.
