Personal injury cases become complicated when a client has a pre-existing condition. Insurance companies and defense lawyers frequently use these conditions to argue that the injury resulted from a prior health problem rather than an accident. For victims, this issue creates hurdles in proving damages and liability.
When you pursue a claim, you have the right to seek compensation for your injuries, even if you had health concerns before the incident. The critical factor lies in proving how the accident aggravated or worsened your condition beyond its previous state.
Why Do Pre-Existing Conditions Matter?
Pre-existing conditions influence how insurers and courts evaluate claims. For example, if a person with chronic back pain gets injured in a car crash, the defense might argue that the pain already existed. This tactic reduces the payout amount or questions liability altogether.
However, courts recognize that an at-fault party must take the victim as they are. This principle, usually called the “eggshell plaintiff rule,” means that someone remains responsible even if the victim’s pre-existing condition made them more vulnerable to injury.
The Conditions That Commonly Affect Claims
Several health issues frequently surface in personal injury disputes:
These conditions make it easier for insurers to downplay accident-related damages. Strong medical evidence becomes necessary to establish the distinction.
How Do Insurance Companies Use This Against Victims?
Insurance adjusters highlight pre-existing conditions to limit payouts. They request medical histories, compare old records with new injuries, and claim the accident did not significantly change the victim’s health. In some cases, they pressure victims into low settlements by emphasizing prior conditions.
Victims who understand this strategy can better prepare by keeping consistent medical documentation and consulting independent physicians.
The Role of Medical Evidence
Medical records carry significant weight in these cases. Doctors can explain how an accident worsened a condition, differentiating between old and new symptoms. For example:
Expert testimony from physicians convinces courts and insurers about the true impact of an accident.
How Lawyers Prove Aggravation of Conditions
Attorneys build cases by combining medical records, witness statements, and accident reports. They focus on demonstrating that:
Through detailed evidence, attorneys show that the accident, not just the prior condition, produced measurable damages.
What Challenges Do Victims Face in Court?
Victims face several challenges:
These obstacles require careful preparation and legal guidance to overcome.
Can You Still Recover Fair Compensation?
Yes, victims can still recover compensation if they prove the accident worsened their condition. Courts usually separate damages into two parts: the baseline level of the pre-existing condition and the added harm caused by the accident. Compensation then reflects the difference.
This process ensures fairness by preventing at-fault parties from escaping liability while also preventing victims from gaining compensation unrelated to the accident.
In Summary
