A pre-existing condition can affect a personal injury claim, but not usually to the extent that the insurance company may try to make it. By understanding how pre-existing conditions can affect your personal injury claim, you can better anticipate and respond to challenges. A personal injury attorney can help.
What Is a Pre-Existing Condition?
A pre-existing condition is any medical condition or injury that you had before the current accident. This could be a chronic medical condition like arthritis, or an injury, such as a back sprain from work.
Common Examples of Pre-Existing Conditions
People can suffer from any number of ailments. Those that may impact personal injury claims might include:
- Back injuries
- Neck injuries
- Arthritis
- Herniated discs
- Bone fractures
- Heart attack
- Chronic pain
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety
- Depression
How Can a Pre-Existing Condition Affect a Personal Injury Claim
First, insurance companies will try to claim that your current injuries predate the accident. They may deny your insurance claim altogether by pointing the blame elsewhere instead of on the insured.
Second, they may try to use the pre-existing injury to minimize the value of your claim. They may say your condition contributed to the injury.
To combat these challenges, you will need clear medical evidence that shows your medical condition before and after the accident. You must disclose your pre-existing injuries to your medical providers and your personal injury lawyer. Your lawyer can then help determine the damages that can be attributed to the current accident.
The Eggshell Skull Rule
The eggshell skull rule or the eggshell plaintiff theory imagines that a car accident victim with a skull as thin as an eggshell is injured. Under the theory, the fact that the plaintiff has a pre-existing condition that makes them more likely to suffer an injury does not negate the at-fault driver’s negligent actions. The plaintiff is responsible for worsening the plaintiff’s condition.
Recovering Compensation When You Have a Pre-Existing Condition
To recover compensation when you have a pre-existing condition, you must be able to show through objective evidence that the accident worsened your condition, aggravated symptoms, or caused a new injury. Meeting this evidentiary burden can be difficult, but a personal injury lawyer can work closely with your medical team to ensure that your new and old symptoms are clearly differentiated. They can also hire medical experts who can explain how pre-existing conditions relate to the current ones.
Contact an Experienced Personal Injury Attorney for Legal Assistance
If you had a pre-existing injury when you were injured in a new accident, you need highly skilled legal representation. The insurance company will try to deny your insurance claim and blame your injuries on your pre-existing condition, argue that the accident did not worsen your injuries, and/or try to minimize your payout. The personal injury attorneys at the Miller & Steele Law Firm have over 80 years of experience dealing with these tactics and fighting back. Contact us today for a free consultation.