Personal injury claims rarely follow a straight line. If someone else’s carelessness caused your injury, you’re likely facing pain, medical bills, and disruptions to your daily life. But what if you had a health issue before the accident? These pre-existing conditions add a layer of complexity to your claim and it’s crucial to understand how they fit into personal injury law.
A pre-existing condition is any health problem, injury, or sickness you had before the accident that led to your claim. This could be anything from an ongoing back problem to a previous sports injury, or a mental health diagnosis. These pre-existing issues don’t automatically disqualify your case but do make it more complicated. They require a careful approach and a clear grasp of legal principles and medical evidence. This post will explain how these pre-existing conditions can affect your claim, and how to protect your rights.
The “Eggshell Skull” Rule: Protecting the Vulnerable
The law understands that not everyone is in perfect health. That’s where the “eggshell skull” rule, also called the “thin skull” rule, comes in. This legal principle is very important in personal injury law, especially for those with pre-existing conditions. The rule says a defendant is responsible for all injuries their negligence causes, even if those injuries are worse because of a pre-existing condition.
Consider a person with a minor back issue who gets into a car accident. Someone without this issue might experience whiplash and mild discomfort, while this person could experience severe, disabling pain. The eggshell skull rule protects them. It acknowledges that they were more susceptible to injury and holds the defendant responsible for the full scope of their injuries.
This rule is important because it prevents careless individuals from avoiding responsibility because their victim was more vulnerable. It levels the playing field so that those with pre-existing conditions aren’t penalized for their vulnerability.
How Pre-Existing Conditions Impact Claim Value
Even with the eggshell skull rule, insurance companies and defense lawyers may carefully examine claims involving pre-existing conditions, searching for ways to lower payouts. The key issue is “causation.” To win your case you need to show that the accident directly caused your injuries, and not just worsened a previous condition.
This can be hard when you have a pre-existing condition. The insurance company could argue that your symptoms are mainly from the previous condition and not the accident. They may ask for your entire medical history, asking things like: “Could your current condition be solely caused by the pre-existing condition?” or “Did you have any of your current symptoms before the accident?” This is why your medical records and expert testimony are vital.
Also, damages in these cases are often divided. The compensation you receive may be adjusted to reflect how much the pre-existing condition contributed to your present state. This means determining how much of your injury is because of the accident and how much is from the pre-existing condition; a process that requires detailed analysis and medical expertise.
Common Pre-Existing Conditions
- Back Problems: Issues like herniated discs, spinal stenosis, or ongoing back pain can become much worse after car accidents or slip-and-fall incidents. Insurance companies will try to argue that the accident did not cause the injury.
- Arthritis: This condition, causing joint inflammation and pain, can slow recovery from accident injuries and give the appearance that the injuries were solely the result of the condition, and not the accident.
- Mental Health Conditions: Conditions like anxiety, depression, or PTSD can worsen after traumatic events, affecting emotional recovery.
- Old Injuries: Previous fractures, sprains, or surgeries can increase susceptibility to further injury and complicate healing.
It’s crucial to understand how these conditions interact with new injuries from an accident. A pre-existing condition might not just worsen; it can cause new symptoms or make recovery much harder. For example, an old whiplash injury may increase the risk of future whiplash after a car accident. This can affect your treatment and the overall claim’s value.
Why Medical Records and Expert Testimony Matter
With pre-existing conditions, thorough medical documentation is essential. Complete medical records showing your health history, symptoms, treatment, and prognosis will support your case. These records must clearly differentiate between existing problems and new injuries caused by the accident. They should show the link between the accident and your current health.
Expert medical testimony is also crucial. Medical experts can give insight into the extent of your injuries, the impact of the accident, and how it interacts with your pre-existing conditions. They can explain complex medical issues to juries, describe how your pre-existing condition made you more vulnerable to injury, and offer opinions on how much of your current issues stem from the accident vs. your pre-existing condition. This testimony helps refute arguments from insurance companies that the accident didn’t cause any new problems, or that it just aggravated your existing condition.
Strategies for Handling Claims with Pre-Existing Conditions
- Get Legal Help Early: Don’t wait to speak to an attorney. An experienced personal injury lawyer can assess your case, explain your legal options, and clarify your rights. They understand how to handle cases involving pre-existing conditions and can guide you through the process effectively.
- Be Upfront: Honesty about your pre-existing conditions is critical. Do not try to hide or downplay them; this will only hurt your case. Full disclosure allows your attorney to create a strong strategy showing how the accident impacted you.
- Negotiate and Mediate: Many cases are settled through negotiation or alternative methods like mediation. A skilled attorney can negotiate with the insurance company to reach a settlement that properly compensates you.
- Prepare for Litigation: Sometimes, a lawsuit is needed. If the insurance company won’t offer a fair settlement, your attorney can take your case to court.
Conclusion: Protecting Your Rights
Dealing with a personal injury claim is difficult and a pre-existing condition adds further challenges. Understanding the eggshell skull rule, causation, and the value of medical documentation and expert testimony are key to protecting your rights. You don’t have to face these issues alone. With the right legal help, you can pursue the compensation you deserve.
If you’ve been hurt in an accident and have a pre-existing condition, it’s critical to speak with an experienced personal injury attorney. At The Law Office of Jason Tenenbaum, P.C., we have a history of successfully managing personal injury cases with pre-existing conditions. We help our clients navigate these legal situations and are dedicated to fighting for your rights. Our team will take the time to understand your situation, answer questions, and create a legal approach to fit your needs. Contact us today for a free consultation and let us guide you on your path to recovery.
Disclaimer: This blog post is for informational purposes only and is not legal advice. Every personal injury case is different, and the outcome depends on the facts and circumstances involved. If you have been injured in an accident, it’s essential to speak with an experienced attorney about your legal options.
