Introduction

When it comes to personal injury claims, pre-existing conditions can complicate the process. Insurance companies often use these conditions to minimize or deny your claim, arguing that your injuries are due to a prior condition rather than the accident. However, this doesn’t mean you’re not entitled to compensation. Here’s how pre-existing conditions can impact your personal injury claim and what you need to know to protect your rights.

What Are Pre-Existing Conditions?

Pre-existing conditions are any medical issues or injuries you had before the accident, such as:

✔ Back or neck injuries

✔ Joint issues like arthritis

✔ Previous surgeries or fractures

✔ Chronic conditions like asthma or diabetes

Insurance companies may claim that your injuries are solely the result of these pre-existing conditions, but that’s not the full story.

The Eggshell Plaintiff Rule

There’s a legal principle called the Eggshell Plaintiff Rule, which states that a defendant must take the plaintiff as they find them. This means that if the accident aggravated your pre-existing condition, the defendant can still be held responsible for the new or worsened damage. In other words, having a pre-existing condition doesn’t mean you’re not entitled to compensation for injuries caused or worsened by the accident.

How Pre-Existing Conditions Affect Your Claim

While you are entitled to compensation for aggravation of a pre-existing condition, proving it can be more challenging. Insurance companies will often try to argue:

• The injury was pre-existing: They may claim that your current pain is due to your old injury.

• The accident didn’t worsen your condition: They might argue that the accident had no impact on your pre-existing health issues.

This is why medical documentation is crucial in these cases.

Proving Aggravation of a Pre-Existing Condition

To strengthen your claim, you’ll need to provide clear evidence that the accident worsened your condition:

• Medical Records: Detailed documentation of your condition before and after the accident is key. This shows how the accident aggravated your pre-existing issue.

• Expert Testimony: Your doctor’s testimony can explain how your condition worsened as a result of the accident.

• Consistent Treatment: Seek immediate medical attention after the accident and follow your treatment plan. Gaps in treatment may hurt your claim.

Compensation for Pre-Existing Conditions

If you can prove that the accident worsened your pre-existing condition, you may be entitled to compensation for:

• Medical Expenses: Any treatment related to the aggravation of your condition.

• Lost Wages: Compensation for work you missed due to your worsened injury.

• Pain and Suffering: Damages for the additional physical and emotional toll of the aggravated condition.

Challenges You May Face

Insurance companies will often try to downplay the impact of the accident on your pre-existing condition. They may request an independent medical exam (IME) or use other tactics to limit your payout. Working with a personal injury attorney who understands how to navigate these complexities is crucial to protecting your rights.

Conclusion

Pre-existing conditions can complicate personal injury claims, but they don’t disqualify you from seeking compensation. By providing strong medical evidence and expert testimony, you can prove that the accident aggravated your condition and secure the compensation you deserve.

If your pre-existing condition was made worse by an accident, contact Lockamy & Associates for a free consultation. We’ll help you fight for the compensation you’re entitled to.