If you’ve been injured in an accident, navigating a personal injury claim can feel overwhelming. This is especially the case if you have a pre-existing medical condition. Many people worry their prior health issues or pre-existing injuries will disqualify them from compensation. In reality, this is rarely the case.
It is important to understand how pre-existing conditions affect personal injury law. This knowledge helps protect your rights and get fair compensation. This blog breaks down the legal nuances, challenges, and strategies for pursuing a successful claim.
Key Legal Principles: The “Eggshell Plaintiff” Rule
A key idea in personal injury law is the eggshell plaintiff rule. This rule says that defendants must “take plaintiffs as they find them.” This means that if a victim has a condition that makes them more likely to get hurt, the responsible party is still liable. They must take responsibility for all the harm caused by their carelessness.
For example:
- A car accident aggravates a prior back injury, requiring surgery.
- A slip-and-fall worsens arthritis in a knee that had been stable for years.
In such situations, the courts recognize that defendants cannot escape liability simply because a victim is more fragile. However, proving how much of the injury is new or aggravated requires strategic legal and medical evidence.
How Pre-Existing Conditions Complicate Claims
While pre-existing conditions don’t bar compensation, they create hurdles insurers often exploit to minimize payouts. Common challenges include:
- Disputing Causation
Insurers argue injuries stem from pre-existing issues, not the accident. For instance, if you had chronic migraines before a crash, they might blame headaches on your history rather than trauma from the collision.
- Reducing Settlement Values
Adjusters may claim you’re only entitled to compensation for the worsening of a condition, not the original injury. This requires clear proof of how the accident changed your health.
- Demanding Extensive Medical Documentation
Insurers scrutinize records to find inconsistencies. Gaps in treatment or prior complaints about similar symptoms can weaken your case.
- Misapplying the “Eggshell Skull” Doctrine
While this rule protects victims, insurers may still argue your condition made injuries inevitable. However, this is a tactic skilled attorneys can counter.
Strengthening Your Claim: A Step-by-Step Approach
If you have a pre-existing condition, these steps are critical to building a robust case:
- Disclose Your Medical History Early
Transparency is key. Share all prior injuries or conditions with your attorney—even if they seem unrelated. Surprises in your medical records can derail a case.
- Obtain Comprehensive Medical Evidence
- Pre-Accident Records: Establish a baseline of your health before the injury.
- Post-Accident Evaluations: Doctors should document how the accident worsened your condition. For example, “The collision caused a 30% increase in spinal degeneration.”
- Expert Testimony: Specialists can explain how the accident directly impacted your pre-existing issue.
- Quantify “Aggravation” Damages
Courts often separate compensation into:
- Original Condition: No compensation for pre-existing issues.
- Aggravated Harm: Full compensation for worsened symptoms, treatments, or limitations caused by the accident.
For example, if a fall makes your arthritis worse, you can get compensation for the change in your quality of life.
- Anticipate Insurer Tactics
Insurers may:
- Request decades of medical records.
- Hire “independent” doctors to downplay your injuries.
- Argue you were already due for a decline in health.
Your attorney can counter these strategies by highlighting gaps in their logic and presenting countervailing evidence.
Why Legal Representation Matters
Navigating pre-existing conditions requires expertise in the following:
- Medical-Legal Analysis: Connecting the accident to specific changes in your health.
- Negotiation Tactics: Countering lowball offers that ignore aggravated harm.
- Trial Readiness: Proving causation convincingly if the case goes to court.
The Law Office of Daniel E Goodman works to untangle complex cases involving pre-existing conditions. Our team works with medical experts, vocational specialists, and economists to ensure insurers account for all your losses.
FAQs – Pre-existing Conditions and Personal Injury Cases
Q: Can I still claim compensation if my pre-existing condition was not causing symptoms before the accident?
Yes, you can still claim compensation. This is true even if your pre-existing condition had no symptoms before the accident. The key is to prove that the accident aggravated or exacerbated your condition, leading to new or increased symptoms.
For example, you might have had a back injury that didn’t hurt before a car accident. Now, it causes a lot of pain. You can seek compensation for the aggravation of your condition.
Q: How do insurance companies use pre-existing conditions to reduce settlement offers?
Insurance companies often say that your injuries are not entirely caused by the accident. They argue that pre-existing conditions play a role. They may claim that your pre-existing condition is the primary cause of your symptoms. They will then reduce the amount of compensation they offer.
To address this, it is important to have complete medical records and expert testimony. These should connect the accident to the worsening of your condition.
Q: What role does contributory negligence play when I have a pre-existing condition?
Contributory negligence refers to actions the injured party may have taken (or failed to take) that contributed to the accident itself. For example, if someone sees a large hole in the sidewalk and takes no steps to avoid it, that may be considered contributory negligence.
The defendant may claim that this condition contributed to your inability to avoid an accident. In this case, the defendant might argue for reduced liability.
However, the “eggshell plaintiff” rule still applies. That means the defendant is responsible for the harm caused, regardless of your pre-existing condition.
Q: How can I ensure my pre-existing condition doesn’t unfairly impact my claim?
To make sure your pre-existing condition does not hurt your claim, be open about your medical care and history with your lawyer. Provide comprehensive medical records, including any treatment or therapy you received before the accident.
This information helps establish a clear timeline of your condition and demonstrates how the accident worsened it. Additionally, working with a skilled personal injury attorney can help you navigate these complexities and secure fair compensation.
Final Thoughts on Pre-existing Conditions and Pre-Existing Injuries
Pre-existing conditions and injuries don’t disqualify you from justice. They simply require a more nuanced approach and the assistance of experienced personal injury attorneys. With the right strategy, you can recover compensation for the true impact of your injuries.
Need Help? Contact The Law Office of Daniel E Goodman
If you’re concerned about how a prior medical history might affect your claim, call The Law Office of Daniel E Goodman or contact us online. We will be glad to provide a free consultation. Let us turn the complexities of your case into a clear path forward.