A personal injury claim with a pre-existing condition can be complex. When an accident aggravates a pre-existing injury, it can lead to even greater pain, higher medical costs, and longer recovery times.
This aggravation of a pre-existing condition can also cause significant life changes and limitations that were not present before the injury.
Pursuing a settlement for an aggravation of a pre-existing condition allows you to seek compensation for the added suffering, medical bills, and life disruption caused by the recent incident.
However, these cases often require careful evidence and a clear presentation of how your condition changed because of the accident.
Insurance companies are often skeptical about claims that involve pre-existing injuries. They may see an opportunity to attribute more of your suffering to your old injuries rather than the new ones, potentially reducing what they owe in terms of a settlement.
This tactic can make the process of getting an aggravation of a pre-existing condition settlement feel like an uphill battle, with you constantly having to prove the legitimacy of your suffering.
What Are Pre-existing Conditions?
A pre-existing condition is any health issue or injury that existed before the accident or event that led to the current claim. Common examples include:
- Chronic conditions like arthritis
- Back injuries
- Old injuries that may have healed but left lingering effects
The existence of a pre-existing condition can complicate a personal injury case because insurance companies and defense lawyers often try to argue that the injury wasn’t caused by the recent accident but rather stems from your pre-existing health issues.
If you have a pre-existing condition, it does not mean you are disqualified from filing a personal injury claim or receiving compensation. It simply shifts the focus to evaluating the extent to which the accident may have aggravated or worsened your condition.
Properly documenting how your condition has changed since the incident, along with detailed medical evaluations, will be crucial to building a strong claim.
How Pre-existing Conditions Can Affect the Evaluation of Personal Injury Claims
A personal injury claim with a pre-existing condition can be complicated, as the pre-existing condition can complicate the proof of damages and the compensation the injured person is entitled to receive. Insurance companies often try to reduce or deny claims by arguing that the pain or limitations an individual is experiencing are due to the prior condition rather than the recent accident.
However, the law generally protects injured individuals through what’s known as the “eggshell plaintiff” rule. This legal doctrine says that the at-fault party is responsible for the full extent of the injury they caused, even if the injured person was more vulnerable or “fragile” due to a pre-existing condition.
In other words, if an accident worsens or aggravates a condition you already had, you can seek compensation for that aggravation.
In cases involving a pre-existing condition, the primary question often becomes whether the accident worsened or aggravated that condition. This can be a subtle but critical distinction. For example, if someone with a chronic back condition is rear-ended in a car accident, they may experience a significant increase in pain or reduced mobility beyond what they felt before the crash.
To accurately assess these changes, insurance adjusters, lawyers, and medical experts will often look at a detailed history of the injured person’s medical records, particularly before and after the incident, to determine how much the recent accident has affected their condition.
Proving Aggravation of Pre-existing Conditions
The first step to proving aggravation of pre-existing conditions is documenting your condition both before and after the accident. Medical records are key for this. They help establish the difference between your baseline health before the accident and any new or worsened issues afterward.
In addition to medical records, expert testimony can be critical. Doctors, surgeons, or specialists who are familiar with your condition can provide their professional opinion on how the accident likely aggravated your health issue.
They can explain how symptoms you’re experiencing now, such as increased pain or decreased mobility, resulted from the trauma of the accident rather than a natural progression of your prior condition.
Keeping a personal journal of your symptoms, pain levels, and restrictions in daily activities can be compelling evidence. A firsthand account of how your life has changed can help illustrate to insurance companies, and if necessary, to a judge or jury, how the accident has tangibly impacted your quality of life.
How Our Lawyers Can Help
Insurance companies often try to use past medical issues to reduce or deny fair compensation.
Our team understands these tactics and has the experience to navigate these challenges so you can focus on healing.
Here’s how our lawyers can make a difference in your case:
1. Building a Strong Foundation With Medical Evidence
To show that your injuries were aggravated by the accident, we’ll work closely with your healthcare providers and independent medical experts. We’ll gather detailed records of your condition before and after the incident, highlighting the new or worsened symptoms directly caused by the accident.
2. Working With Expert Witnesses
In cases with pre-existing conditions, expert medical testimony can play a crucial role. We collaborate with reputable medical professionals who can clearly explain how your condition was impacted by the accident.
These experts will often create a before-and-after picture of your physical health, emphasizing the specific ways the incident aggravated your pre-existing condition.
3. Countering Insurance Company Tactics
Insurance companies often try to argue that your pain or limitations are solely due to a pre-existing condition, not a recent injury. Our attorneys are skilled in handling these tactics and will push back firmly against any unfair claims.
We’ll communicate directly with the insurance adjusters, present the evidence, and fight for compensation that truly reflects the impact of your injury.
4. Preparing for Trial if Necessary
While many cases settle out of court, we are fully prepared to take your case to trial if it’s in your best interest. We will present a compelling case that clearly explains how the accident has impacted your health, well-being, and ability to work.
By preparing every case as if it’s going to trial, we are ready for any scenario and able to fight for our rights.
Contact our Personal Injury Lawyers Today
A pre-existing injury doesn’t reduce the validity of your claim. The law protects you by requiring at-fault parties to be accountable for the full scope of your injuries.
Unfortunately, it’s no secret that proving aggravation of a pre-existing condition in a settlement can be challenging. The key lies in gathering compelling medical evidence that demonstrates how the accident made your condition worse.
This is where our experienced attorneys can make a difference. Our attorneys will organize, present, and defend the extent of your aggravation to ensure a fair evaluation of your claim.
At David R. Price, Jr., P.A., we believe that you deserve a fair settlement that recognizes both your new injuries and the ways your pre-existing condition has been made worse.
Contact our personal injury attorneys at [phone] for a free consultation to learn how we can help you get the compensation you deserve.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.
