How Pre-Existing Conditions Can Affect Personal Injury Claims

If you’ve been injured in an accident and have pre-existing conditions, you might wonder how these could impact your personal injury claim. While having a previous injury or health issue doesn’t automatically disqualify you from making a claim, it can affect the process and the amount of compensation you receive.

Here’s an easy-to-understand guide on how pre-existing conditions can come into play in a personal injury case.

What Are Pre-Existing Conditions?

Pre-existing conditions are any medical issues or injuries you had before the accident. These can range from chronic back pain or arthritis to prior surgeries or injuries like a sprained ankle. The important thing to remember is that insurance companies and courts will consider these conditions when evaluating your personal injury claim.

The “Eggshell Plaintiff” Rule

One key legal concept that works in your favor is the “eggshell plaintiff” rule. This means that even if you were more vulnerable to injury because of a pre-existing condition, the person who caused the accident is still responsible for the harm they caused. For example, if you had a bad back before the accident and the collision worsened it, the at-fault party can still be held accountable for the increased pain and suffering.

How Pre-Existing Conditions Affect Your Claim

Compensation Might Be Reduced: If your injury claim involves a part of your body that was already injured, the insurance company might argue that some of your pain and suffering existed before the accident. They could try to reduce the compensation you receive based on this.
Proof Is Critical: To get full compensation, you’ll need to prove that the accident made your pre-existing condition worse. This is where medical records and testimony from doctors become very important. If you can show a clear difference in your health before and after the accident, it strengthens your claim.
The “Aggravation” of Pre-Existing Conditions: If the accident made your pre-existing condition worse, you’re entitled to compensation for the aggravation. For instance, if you had mild neck pain before the accident but now can’t turn your head without pain, you can claim the increased severity of your symptoms.

Example Scenario

Let’s say you’ve had arthritis in your knee for years. After a car accident, your knee pain becomes much more severe, and you need to start physical therapy. The insurance company might argue that your pain is just due to your arthritis. However, if you have medical records showing that your arthritis was under control before the accident and that the pain significantly worsened after the crash, you can seek compensation for this new level of pain.

What You Can Do

Be Honest About Your Pre-Existing Condition: Don’t try to hide your previous injuries. Being upfront about them will help you build a stronger case.
Gather Medical Evidence: Your medical records are crucial before and after the accident. These will show the impact the accident had on your pre-existing condition.
Work With Your Attorney: An experienced personal injury attorney, like Zaber Law, will know how to present your case effectively, making sure that any aggravation of pre-existing conditions is properly compensated.

Pre-existing conditions can complicate personal injury claims, but they don’t prevent you from getting compensation. With the right medical evidence and legal support, you can prove that the accident made your condition worse and that you deserve to be compensated for that additional harm.

Being transparent about your health history and working closely with your doctor and attorney will help protect your rights.