Preexisting Medical Conditions

Injured in an accident? Prepare for your medical history to take center stage.

One challenging aspect in a personal injury case is how preexisting medical conditions factor into your claim. If you were injured in a car or another accident due to someone else’s negligence, you may have concerns. You might wonder how a previous medical condition will affect your right to compensation. While the insurance company can try to use your medical history against you, the truth is that a preexisting condition does not automatically bar you from recovering compensation. Personal injury laws in most states allow accident victims to recover damages. This applies even if the accident worsened their existing injuries.

Defining a Pre-Existing Medical Condition

A pre-existing medical condition is any health issue, illness, or injury that existed before the accident that forms the basis of your personal injury claim. Examples of pre-existing medical conditions include;

• Chronic back or neck pain
• Past traumatic brain injuries
• Spinal injuries
• Old broken bones
• Arthritis
• Herniated discs
• Respiratory or heart conditions

Can a Pre-Existing Condition Prevent You From Recovering Compensation?

If you were involved in an accident and had a condition before the accident, you may still be eligible to recover compensation if the accident worsened the condition. For example, suppose you suffered chronic neck pain before a car accident, but the accident caused a herniated disc or increased the pain to a point where you need surgery. In that case, you may be eligible to recover compensation for the aggravation of the injury. What matters is that you can prove that the accident aggravated or worsened your pre-existing condition or brought about symptoms that were not present before.

The “Eggshell Skull Rule”

In the United States of America, states follow the “eggshell skull rule.” Under this rule, a negligent party must “take the victim as they find them.” This means that even if your pre-existing condition made you more vulnerable to injury, the defendant is still responsible for the full extent of your damages, even if another person without your condition may not have been seriously injured under the same circumstances.   

The Importance of Medical Experts in Cases Involving Preexisting Medical Conditions

Expert testimony can make all the difference if your personal injury case involves a pre-existing medical condition. Defendants and their insurance companies often argue that a claimant’s pain or current symptoms are a result of the pre-existing condition. Medical experts can help you fight such arguments by;

• Reviewing your medical records
• Comparing your condition before the accident to your condition after the accident
• Providing expert opinions on how the accident aggravated your condition

Medical experts can help establish a clear link between the accident in question and your current condition.

An experienced personal injury lawyer can help you find trusted medical experts, such as neurologists, orthopedic doctors, and physical therapists, who can help you build a strong case.

Don’t Let Insurers Use Your Pre-Existing Condition Against You

Insurance companies will quickly point to pre-existing medical conditions as a reason for reducing offers or denying claims. But with a skilled attorney and an adequate and accurate medical history, you can recover, among others, the following damages;

• Medical expenses
• Lost income
• Pain and suffering
• Loss of enjoyment of life

Get Legal Help Today

If you were involved in an accident and have a pre-existing condition, contact The Stone Law Office for help fighting for the compensation you deserve.