When you’re injured due to someone else’s negligence, you have the right to seek compensation for your medical expenses, pain and suffering. However, if you have a preexisting condition, it may affect your personal injury claim. Insurance companies often try to use preexisting conditions to reduce or deny claims—but with the right legal guidance, you can still pursue compensation.
A preexisting condition is any health issue you had before the accident that led to your personal injury claim. Common preexisting conditions that may affect personal injury cases include:
- Previous injuries (such as a prior back or neck injury)
- Chronic pain conditions (like arthritis or fibromyalgia)
- Mental health conditions (including PTSD or anxiety)
- Degenerative diseases (such as osteoarthritis)
While these conditions may make you more vulnerable to certain injuries, they do not necessarily prevent you from recovering compensation.
Understanding the eggshell plaintiff
Generally, personal injury law recognizes the “eggshell plaintiff” rule. This rule means that even if a person is more susceptible to injury due to a preexisting condition, the responsible party is still liable for the harm caused. In other words, the at-fault party must take the injured person as they find them. If an accident aggravates or worsens a preexisting condition, you are still entitled to pursue compensation for that additional harm.
How preexisting conditions may affect your claim
While you are still entitled to seek compensation, preexisting conditions can complicate your case. Here are some examples:
- Disputes over causation: Insurance companies may argue that your current symptoms are due to your preexisting condition rather than the recent accident. This is a common tactic to reduce their liability.
- Aggravation of preexisting conditions: In cases where an accident worsens an existing condition, you can seek compensation for the aggravation. This involves demonstrating the difference between your health before and after the incident.
- Challenges in proving damages: When preexisting conditions are involved, you must establish that your injury has caused new or worsened symptoms. This can be done through medical records, testimony from your healthcare providers and other evidence.
- Potential reduction in settlement offers: Insurance companies may use your condition as a reason to offer a lower settlement. Having legal representation can help you negotiate a fair amount.
Insurance companies often look for any reason to deny or reduce claims, especially when preexisting conditions are involved. The Law Offices of Tim Misny can help you gather the evidence needed and negotiate for fair compensation.
If you have a preexisting condition and are concerned about how it might affect your personal injury claim, call us today.
Discuss your claim with a personal injury lawyer
The Law Offices of Tim Misny can help you with your accident claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.
