Car accidents can leave lasting physical and emotional scars, and the situation becomes even more complex if you have a pre-existing medical condition. Whether you suffer from chronic pain, prior injuries, or other ongoing health issues, these conditions don’t disqualify you from seeking compensation after an accident. However, they do add layers of complexity to your claim, making it crucial to understand your rights and take proactive steps to protect them.
What Are Pre-Existing Conditions?
Pre-existing conditions are any health issues you had before your car accident. These can range from physical ailments to mental health challenges. Common examples include:
- Chronic pain: Conditions such as arthritis, fibromyalgia, or other long-term pain disorders.
- Injuries to the back or neck: Prior herniated discs, muscle strains, or spinal problems.
- Mental health conditions: Anxiety, depression, or PTSD.
- Heart or cardiovascular issues: Any pre-existing cardiovascular problems that could be aggravated by trauma.
When you experience a car accident, these conditions can often become worse. For example, a person with arthritis may find that the pain in their joints becomes more severe due to the force of the collision. A herniated disc could be further damaged, leading to additional pain, reduced mobility, and higher medical expenses. Mental health conditions, such as anxiety or PTSD, may be triggered or exacerbated by the trauma of the accident.
Unfortunately, insurance companies may argue that your injuries are not related to the accident but instead stem solely from your pre-existing condition. This is a common tactic designed to reduce or deny your compensation. Understanding your rights is key to overcoming this challenge.
The “Eggshell Plaintiff” Rule: Your Rights Matter
The “eggshell plaintiff” rule is a crucial legal principle that protects individuals with pre-existing conditions. Under this rule, the at-fault party is responsible for the full extent of the injuries they cause, even if the victim was more vulnerable due to a pre-existing condition. In essence, the law acknowledges that everyone’s health is different, and the person responsible for the accident must take the victim as they find them—fragility included.
For example, imagine two individuals involved in identical car accidents. One is a healthy person with no prior injuries, while the other has a herniated disc. The healthy individual might recover quickly, while the person with the herniated disc could suffer long-term complications and require extensive treatment. The “eggshell plaintiff” rule ensures that the at-fault driver is held accountable for the additional harm caused to the second individual, even if their recovery is more complicated or costly.
While the law is clear, proving that the accident aggravated your condition can be challenging. This is where a skilled attorney and detailed medical documentation can make all the difference.
How Pre-Existing Conditions Complicate Car Accident Claims
When pre-existing conditions are involved, car accident claims become more complex. Insurance companies may seize the opportunity to argue that your injuries were not caused by the accident or were only marginally affected by it. They might request extensive medical records and use them to find any reason to minimize your claim.
This is why accurate documentation is essential. Your medical history, both before and after the accident, becomes a critical piece of evidence. The goal is to demonstrate how your condition worsened as a direct result of the accident. This requires cooperation between your medical providers and legal team to create a clear picture of the accident’s impact on your health.
Building a Strong Case: Tips for Success
If you’re dealing with pre-existing conditions after a car accident, here are steps you can take to strengthen your case:
- Be upfront about your medical history. Concealing pre-existing conditions can harm your credibility. Provide honest and complete information to your attorney and medical providers.
- Document your injuries. Keep detailed records of your symptoms, medical treatments, and any changes in your condition.
- Follow medical advice. Adhering to treatment plans demonstrates that you’re making an effort to recover. Missing appointments or ignoring prescribed treatments can weaken your claim.
- Get expert opinions. Medical experts can explain how the accident aggravated your condition and counter arguments from the insurance company.
- Work with a skilled attorney. An experienced personal injury lawyer will advocate for your rights, navigate legal complexities, and ensure that you’re treated fairly.
770GoodLaw: Your Advocate After a Car Accident
At 770GoodLaw, we understand how overwhelming the aftermath of a car accident can be, especially when pre-existing conditions are involved. Our team has extensive experience handling cases where prior medical conditions complicate the claims process. We know how to build a compelling case, working closely with medical professionals to prove how your condition was aggravated by the accident.
You deserve compensation for all the harm caused to you, not just a portion of it. Don’t let insurance companies take advantage of your pre-existing conditions. Contact 770GoodLaw today to discuss your case and take the first step toward securing the compensation you need to move forward. Let us handle the complexities so you can focus on healing.
