Being injured in an accident is bad enough, but if you have a pre-existing condition, it can make your personal injury case more difficult.
A pre-existing condition shouldn’t prevent you from pursuing a personal injury claim. However, understanding how these conditions impact your case is crucial to overcoming common hurdles.
How Pre-Existing Conditions Impact Personal Injury Cases
Your medical history matters in personal injury claims because it can spark debates about what actually caused your pain or worsened your condition.
What Are Pre-Existing Conditions?
A pre-existing condition is any medical issue you had before the accident in question. These may include, but are not limited to:
Pre-Existing Chronic Conditions:
- Arthritis
- Asthma
- Cancer
- Diabetes
- Epilepsy
- Heart disease
- High blood pressure
Pre-Existing Conditions from Past Injuries:
- Back injuries
- Bone fractures
- Herniated discs
- Neck pain
- Sprains and strains
- Traumatic brain injuries
Pre-Existing Mental Health Conditions:
- Anxiety
- Bipolar disorder
- Depression
- Migraines
- PTSD
While having a pre-existing condition can complicate your case, it doesn’t disqualify you from securing the financial settlement you deserve.
How Insurance Companies Use Pre-Existing Conditions
Insurance companies have one goal—to not give you money. To achieve this goal, they’ll nitpick every detail and try to take advantage of you by attempting to use your pre-existing condition against you in your personal injury claim.
Common tactics include:
- Arguing Your Injuries Weren’t Caused by the Accident: Insurance adjusters may claim your post-accident symptoms are tied to your old condition.
- Downplaying the Severity of Your Injuries: They might suggest your pre-existing condition made you exaggerate your pain or limitations.
Read More: How to Appeal an Insurance Decision
Legal Protections and the “Eggshell Plaintiff” Rule
The “eggshell plaintiff” rule is a critical protection for victims with pre-existing conditions. This rule means the person or company responsible for an accident must accept the victim as they are.
If you have a pre-existing condition that makes you more vulnerable, they can’t avoid responsibility just because you’re more fragile. They are still liable for all the harm they caused.
This rule ensures victims aren’t denied compensation simply because of their medical history or disability. Whether you have a chronic condition or an old injury, you can still seek compensation for any new or aggravated harm caused by their negligence.
Proving Exacerbation or New Injuries
One of the biggest challenges with personal injury claims and having a pre-existing condition is proving that the accident either worsened a pre-existing condition or caused a new injury. This often involves detailed documentation and expert testimony.
Key Steps to Prove Exacerbation or New Injuries
- Comprehensive Medical Records: Your health records should include details of how your condition was managed before the accident and how it deteriorated afterward.
- Testimonies from Medical Experts: Doctors and specialists can provide professional opinions about whether the accident caused new symptoms or exacerbated existing ones.
- Detailed Symptom Tracking: Keep a journal documenting changes in your pain levels, mobility, or overall health after the incident.
For example, if you had mild back pain from a herniated disc before the accident but are now having trouble straightening your back after being in a car accident, the crash most likely exacerbated your back injury.
The Importance of Transparency and Medical Documentation
You need to be very honest with your personal injury attorney, doctors, and other professionals helping you with your case. If there are discrepancies in your story, it can affect your likelihood of receiving compensation.
Recoverable Damages When a Pre-Existing Condition Is Worsened
Having a pre-existing condition means you likely already have increased medical bills, prescriptions, and other financial burdens you deal with daily. When an accident causes your injuries to intensify, that can increase your need for medical bills and other costs.
- Medical Expenses: You can receive payments for treatment for any worsening of your condition. This includes funds for therapies, surgeries, or medications you need.
- Lost Wages: If these new injuries caused you to take time off work, you can recover compensation that covers your lost income.
- Pain and Suffering: You can receive compensation for physical and emotional distress that the accident caused you.
For example, if an accident accelerated your need for a knee replacement due to existing arthritis, the costs of surgery, recovery, and any related pain are recoverable damages.
How an Attorney Can Help Your Case
Navigating a personal injury claim that involves a pre-existing condition is difficult. Insurance companies will try to take advantage of the sensitive situation. A catastrophic injury attorney will make a reliable strategy that increases your chances of securing compensation.
- Case Strategy and Documentation: An attorney works with medical experts to collect the evidence you need to prove exacerbation or new injuries.
- Negotiation with Insurers: Your attorney will handle conversations with insurance companies to prevent lowball offers.
- Legal Protection: A good lawyer ensures you’re treated fairly under the law, like the eggshell plaintiff rule.
Seek Compensation When Your Pain Gets Worse
You’ve already suffered enough pain from your pre-existing condition. When someone’s negligence has intensified your injuries, you have the right to hold them accountable and seek financial compensation.
We at DM Injury Law have extensive experience in handling personal injury claims with pre-existing conditions. Take a look at some of our successful case results involving victims with pre-existing conditions:
- $300,000: We secured the maximum settlement the policy permitted after our client’s mom died from a pulmonary embolism after a fall, despite disputes over assault, liability, and her pre-existing heart condition.
- $285,000: Despite the client’s pre-existing back problems, we obtained full policy limits after a school bus crash and successfully negotiated with the UIM carrier to increase their offer significantly.
- $250,000: Our client had pre-existing back issues and needed surgery after an accident.
Are you suffering from serious pain after an accident? Talk to our lawyers for help.
Contact us today to schedule a free consultation.
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