Introduction
As an injury lawyer with over 35 years of experience, I’ve seen countless personal injury claims evolve in many ways, and one factor that frequently complicates these cases is the presence of pre-existing conditions. While pre-existing conditions don’t automatically disqualify you from seeking compensation, they can impact the way your claim is assessed and handled.
In this post, I’ll break down how pre-existing conditions come into play in personal injury cases, what to expect if you have one, and how to protect your rights if an accident worsens your condition.
1. What Are Pre-Existing Conditions?
A pre-existing condition is any medical condition you had before the accident occurred. These could range from chronic back pain or arthritis to heart conditions, old injuries, or degenerative diseases. In many cases, people manage their pre-existing conditions without issue, but when a new accident happens, it can aggravate or worsen the existing condition, making it much harder to heal or cope with daily life.
For example, you may have had a mild neck injury from years ago, but a car accident might cause that injury to flare up significantly, leading to new pain, more extensive treatment, and a prolonged recovery time.
2. Will a Pre-Existing Condition Hurt My Personal Injury Claim?
Many people worry that having a pre-existing condition will ruin their chances of receiving compensation. The truth is, it’s more complicated than that. Under the law, you are still entitled to compensation for any new injuries or aggravation of an existing condition caused by an accident.
This is where the legal principle known as the “Eggshell Plaintiff Rule” comes into play. The rule essentially states that defendants must take plaintiffs as they are, even if they have pre-existing vulnerabilities. In other words, if someone’s negligence caused your condition to worsen, they are still responsible, even if your health wasn’t perfect to begin with.
However, the defense and insurance companies will often try to use your pre-existing condition as a reason to minimize your claim. This is where a skilled personal injury lawyer is essential to help argue the difference between your condition before and after the accident.
3. How Pre-Existing Conditions Can Impact Your Claim
While having a pre-existing condition doesn’t negate your right to compensation, it does make the claims process more complex. Here’s how it could impact your case:
- Establishing a Baseline: It’s important to establish the severity of your pre-existing condition before the accident. Medical records, physician notes, and previous treatment history will help create a clear picture of what your health was like before the new injury occurred. If you regularly visited a doctor for pain management or physical therapy, those records will play a crucial role in proving how the accident made things worse.
- Proving Aggravation of the Condition: Your lawyer will need to demonstrate that the accident aggravated or worsened your condition. This can be tricky because it requires showing a measurable difference between your pre- and post-accident health. An experienced injury lawyer will work with medical professionals who can provide expert testimony on how the accident impacted your specific condition.
- Dealing with Insurance Companies: Insurance adjusters often try to downplay the severity of your injury by attributing most of your symptoms to the pre-existing condition. They may argue that the accident wasn’t the true cause of your pain or that you would have needed medical treatment anyway. A strong legal strategy and thorough medical documentation will be critical in countering these arguments and proving that the accident played a significant role in your condition worsening.
4. How to Strengthen Your Personal Injury Claim
If you have a pre-existing condition, there are steps you can take to strengthen your personal injury claim and maximize your chances of receiving the compensation you deserve:
1. Be Honest About Your Condition
Many people worry that admitting to a pre-existing condition will hurt their claim, so they try to downplay or hide it. This is a mistake. Insurance companies and defense attorneys have access to your medical history and can easily uncover any previous conditions. If you’re caught hiding information, it can damage your credibility and hurt your case.
Instead, be upfront about your pre-existing condition and focus on how the accident worsened it. Your honesty will show that you’re not trying to manipulate the situation, and it gives your lawyer the information needed to build a solid case on your behalf.
2. Gather Thorough Medical Documentation
Detailed medical records are essential in personal injury cases, especially when pre-existing conditions are involved. Your medical records should show a clear history of your condition before the accident and the changes that occurred afterward. This includes any new treatments, surgeries, physical therapy, or medications you needed as a result of the accident.
Additionally, you should seek medical attention promptly after the accident and follow through with all recommended treatments. Consistent medical care not only helps your recovery but also strengthens your claim by showing the ongoing impact of the injury.
3. Work with Experts
In many cases, it’s necessary to involve medical experts who can offer professional opinions on how the accident affected your condition. These experts can explain the difference between your pre-accident and post-accident health and help prove that the injury you’re dealing with now is significantly worse than it was before. An experienced personal injury lawyer will have connections with reputable medical professionals who can provide the expert testimony needed to support your case.
5. Common Examples of Pre-Existing Conditions That Can Be Worsened
Certain pre-existing conditions are more likely to be impacted by accidents. Here are some examples of common conditions that can be aggravated by accidents:
- Back and neck injuries: Chronic back pain, herniated discs, or previous neck injuries can be made much worse by even minor car accidents or falls.
- Arthritis: Joint pain and stiffness from arthritis can be exacerbated by new injuries, leading to increased difficulty with mobility and daily activities.
- Previous fractures: Old bone injuries, especially those involving metal plates or pins, are vulnerable to further damage if new trauma occurs in the same area.
- Mental health conditions: Anxiety, depression, or PTSD can be worsened by the stress and trauma of an accident, particularly if the incident was severe or life-threatening.
6. Final Thoughts
Dealing with a personal injury is stressful enough, and having a pre-existing condition can make the process feel even more overwhelming. However, with the right approach and an experienced injury lawyer on your side, you can still seek compensation for the ways the accident worsened your condition.
At Templer & Hirsch, we understand the challenges you face and are here to help you navigate the complexities of your case. With over three decades of experience, we’ve successfully represented clients with pre-existing conditions and secured the compensation they deserve. If you’ve been injured and believe your condition has worsened, don’t hesitate to reach out. We’re here to fight for your rights and help you on the path to recovery.
