When you’ve been injured in an accident caused by someone else’s negligence, you deserve compensation for your damages. However, pre-existing medical conditions can complicate personal injury claims, often giving insurance companies and defense attorneys an opportunity to minimize your settlement. Understanding how pre-existing conditions affect your case is critical to ensuring your rights are protected and you receive fair compensation.
WHAT ARE PRE-EXISTING CONDITIONS?
A pre-existing condition is any medical issue or injury that existed before the accident in question. These can include:
- Chronic conditions, such as arthritis, diabetes, or heart disease
- Previous injuries, such as a herniated disc or broken bone
- Ongoing medical issues, such as mental health disorders or migraines
While having a pre-existing condition does not disqualify you from pursuing a personal injury claim, it does require careful handling of your case.
HOW DO PRE-EXISTING CONDITIONS IMPACT A PERSONAL INJURY CASE?
The “Eggshell Plaintiff” Rule
Under the “eggshell plaintiff” rule, the at-fault party is responsible for all damages caused by their negligence, even if the injured person had a pre-existing condition that made them more vulnerable. For example, if a car accident exacerbates an old back injury, the at-fault driver can still be held liable for the worsening of the condition.
Insurance Company Tactics
Insurance companies often use pre-existing conditions as a strategy to reduce payouts. They may argue that:
Your injuries were not caused by the accident but were instead related to your pre-existing condition.
The extent of your injuries is exaggerated because of your pre-existing condition.
This tactic, known as “causation defense,” shifts the focus away from the defendant’s negligence and onto your medical history.
Burden of Proof
As the plaintiff, it’s your responsibility to prove that the accident either caused a new injury or worsened your pre-existing condition. Clear and detailed medical evidence is essential to overcoming insurance company arguments.
HOW TO STRENGTHEN YOUR CASE WHEN YOU HAVE PRE-EXISTING CONDITIONS
Be Transparent About Your Medical History
Honesty is crucial. Concealing a pre-existing condition can harm your credibility and your case. Fully disclose your medical history to your attorney so they can prepare the strongest possible argument on your behalf.
Gather Comprehensive Medical Records
Medical records play a critical role in distinguishing between your pre-existing condition and the injuries caused or worsened by the accident. These records should include:
Documentation of your condition before the accident
Evidence of how the accident affected your health
Statements from healthcare providers linking your current injuries to the accident
Work With Medical Experts
Medical experts can provide testimony to clarify the connection between the accident and your injuries. Their professional opinions can help establish how the incident exacerbated your condition or caused new harm.
Avoid Gaps in Treatment
Seeking immediate and consistent medical care is vital. Gaps in treatment can give insurance companies room to argue that your injuries aren’t as serious as you claim or are unrelated to the accident.
COMMON SCENARIOS INVOLVING PRE-EXISTING CONDITIONS
Aggravation of a Pre-Existing Condition
HOW PRE-EXISTING CONDITIONS CAN IMPACT YOUR PERSONAL INJURY ? If an accident worsens a pre-existing condition, you are entitled to compensation for the increased pain, suffering, and medical costs associated with the aggravation. For example, if you had arthritis in your knee and a slip-and-fall accident accelerates the need for knee replacement surgery, the at-fault party can be held liable for the aggravation.
Distinguishing New Injuries from Old Ones
Sometimes, accidents cause entirely new injuries unrelated to a pre-existing condition. For instance, if you have a history of migraines but suffer a traumatic brain injury in an accident, your claim should focus on the new injury. Establishing this distinction requires strong medical evidence.
COMPENSATION FOR AGGRAVATED PRE-EXISTING CONDITIONS
If your pre-existing condition was exacerbated by the accident, you may be entitled to:
Medical Expenses: Coverage for additional treatments, surgeries, or therapies.
Lost Wages: Compensation for time missed from work due to your aggravated condition.
Pain and Suffering: Damages for the increased physical and emotional toll.
Future Medical Costs: Reimbursement for anticipated future expenses related to the exacerbation.
Loss of Enjoyment of Life: If your condition now limits your ability to enjoy activities you once loved, this can also be factored into your claim.
REAL-WORLD EXAMPLES OF PRE-EXISTING CONDITIONS IN PERSONAL INJURY CASES
Example 1: Exacerbation of a Back Injury
A delivery driver with a history of lower back pain is rear-ended in a car accident, causing a significant flare-up of their pre-existing condition. The victim’s medical records and testimony from their physician demonstrate that the accident aggravated the injury, resulting in additional medical treatments and time off work.
Example 2: Aggravated Mental Health Conditions
A person with pre-existing anxiety develops post-traumatic stress disorder (PTSD) following a traumatic slip-and-fall accident. The worsening of their mental health condition requires therapy and medication, and the at-fault party is held accountable for these additional damages.
PREVENTING INSURANCE TACTICS FROM UNDERMINING YOUR CASE
Insurance adjusters will often request access to your entire medical history to find evidence of pre-existing conditions. While transparency is important, you and your attorney should limit these requests to relevant medical records to avoid unnecessary scrutiny.
Additionally, avoid discussing your medical history directly with insurance representatives. Let your attorney handle all communications to ensure your rights are protected.
WHY YOU NEED A PERSONAL INJURY ATTORNEY
HOW PRE-EXISTING CONDITIONS CAN IMPACT YOUR PERSONAL INJURY ? Navigating a personal injury claim involving pre-existing conditions can be complex. An experienced attorney can:
Analyze your medical records to build a strong case
Work with medical experts to establish causation and damages
Negotiate with insurance companies to secure a fair settlement
Represent you in court if necessary
Having legal representation ensures that your case is handled professionally, giving you the best chance at recovering the compensation you deserve.
CONCLUSION
Pre-existing conditions can complicate personal injury claims, but they don’t have to prevent you from receiving fair compensation. By being transparent about your medical history, gathering strong evidence, and working with experienced professionals, you can build a compelling case. If you’ve been injured in an accident and have a pre-existing condition, consult a skilled personal injury attorney who can advocate for your rights and help you secure the compensation you deserve.