Introduction:

If you’ve been injured in an accident and have a pre-existing medical condition, you may worry that it could impact your personal injury claim. While insurance companies may attempt to argue that your current symptoms are simply a result of the pre-existing condition, this doesn’t mean you aren’t entitled to compensation. At Martin A. Harvey & Co., we’ve helped many clients successfully navigate personal injury claims involving pre-existing conditions. In this blog post, we’ll explore how these conditions can affect claims and what you can do to protect your rights.

What Is a Pre-Existing Condition?

A pre-existing condition is any medical issue or injury you had before the accident that gave rise to your current personal injury claim. Common examples include:

• Chronic pain conditions like arthritis or fibromyalgia
• Previous injuries (e.g., a previous back or neck injury)
• Degenerative conditions (e.g., disc degeneration in the spine)
• Mental health conditions (e.g., anxiety or depression)

It’s important to know that having a pre-existing condition doesn’t disqualify you from seeking compensation. However, it may add some complexity to your case.

The “Eggshell Skull” Rule: Why a Pre-Existing Condition Doesn’t Mean You Can’t Claim

In personal injury law, there’s a principle known as the “Eggshell Skull” rule. This rule essentially states that a defendant is responsible for the full extent of a victim’s injuries, even if the victim was more susceptible to injury due to a pre-existing condition.

For example, if you have a pre-existing back injury and a car accident exacerbates that injury, the party responsible for the accident can still be held liable for the increased harm they caused. In short, you are entitled to compensation for any worsening of your pre-existing condition due to the accident.

How a Pre-Existing Condition Can Affect Your Claim

While the law protects you, insurance companies may try to minimize the compensation you receive by arguing that your injuries are primarily due to your pre-existing condition rather than the accident. Here are a few ways they might challenge your claim:

1. Blaming the Pre-Existing Condition:
   • Insurers may attempt to argue that your current symptoms are due to your pre-existing condition, not the accident. They could claim that the accident didn’t cause significant damage or worsened your condition as much as you say.
2. Disputing the Extent of Your Injury:
   • Insurers may try to minimize the severity of your injury by saying that the symptoms you’re experiencing would have occurred even without the accident because of your pre-existing condition.
3. Offering a Low Settlement:
   • By arguing that your injury isn’t directly related to the accident, insurance companies may attempt to offer a lowball settlement, hoping you’ll accept it without question.

What You Can Do to Protect Your Rights

If you have a pre-existing condition and have suffered further injury due to an accident, there are steps you can take to strengthen your case and ensure you receive fair compensation:

1. Seek Medical Attention Immediately

• After any accident, it’s crucial to seek medical attention as soon as possible. This is especially true if you have a pre-existing condition. Medical professionals can help differentiate between your existing condition and any new injuries or aggravation caused by the accident.
• Early documentation from your doctor will provide a clear record of how your injuries worsened due to the accident.

2. Be Honest About Your Pre-Existing Condition

• It’s essential to be upfront about your medical history. If you attempt to hide a pre-existing condition, insurance companies will likely find out through your medical records, and it could hurt your credibility.
• Being honest with your solicitor and your doctors ensures that your claim is accurate and that your case is built on solid evidence.

3. Obtain Detailed Medical Records

• Your medical records play a critical role in personal injury claims involving pre-existing conditions. You’ll need documentation that shows the status of your condition before the accident and how the accident exacerbated it.
• Work closely with your doctor to ensure they provide detailed notes on how your condition has worsened as a direct result of the accident.

4. Work with Medical Experts

• Your solicitor may work with medical experts who can review your condition and offer an opinion on how the accident specifically affected your pre-existing condition. This expert testimony can be crucial in countering insurance company arguments and demonstrating the accident’s impact on your health.

5. Keep a Personal Diary of Symptoms

• Keeping a personal injury diary where you track your symptoms, pain levels, and how the accident has affected your daily life can be powerful evidence. This is particularly useful in cases where the injury has worsened a pre-existing condition over time.
• Regularly document any changes in your physical or mental health, and how the injury limits your ability to work or engage in daily activities.

How Compensation is Calculated for a Pre-Existing Condition

If your personal injury case involves a pre-existing condition, your compensation will depend on how much the accident has worsened your condition. Compensation can cover:

• Medical expenses related to treatment for the aggravated condition, including future care.
• Loss of earnings if the injury prevents you from working or reduces your ability to earn.
• Pain and suffering for the increased physical or emotional distress caused by the injury.
• Rehabilitation costs for physical therapy, psychological support, or other necessary treatments to manage the worsened condition.

Remember, you are only entitled to compensation for the worsening of your condition and any new injuries caused by the accident, not for your original condition. Your solicitor will help you gather the evidence needed to demonstrate the specific harm caused by the accident.

Conclusion:

Pre-existing conditions can complicate personal injury claims, but they don’t have to prevent you from seeking compensation for the harm caused by an accident. With the right legal support, you can effectively counter insurance company tactics and prove how the accident worsened your condition. At Martin A. Harvey & Co., we have extensive experience handling complex personal injury cases involving pre-existing conditions. We’ll help you navigate the legal process, ensure that your rights are protected, and work to secure the compensation you deserve.

If you’ve been injured and have a pre-existing condition, contact us today for expert guidance on your personal injury claim.