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Can a pre-existing condition affect my car accident claim?

can a pre-existing condition affect my car accident claim

If you’ve been injured in a car accident but already had a health condition before the crash, you might wonder how this affects your claim. The short answer is yes—pre-existing conditions can impact your car accident claim, but not in the way many people fear.

Keep reading for more from our skilled Greenville car accident lawyers, then call (864) 343-2222 to schedule a free consultation today.

The “eggshell plaintiff” rule

The law recognizes what’s called the “eggshell plaintiff” (eggshull skull) rule, which means the at-fault party must take you as they find you. Even if your prior condition made you more vulnerable to injury, the responsible driver can’t use this as an excuse to avoid liability. They’re responsible for any worsening of your condition caused by their negligence.

How insurance companies handle pre-existing conditions

Insurance companies often attempt to minimize payouts by arguing that your injuries existed before the accident. They might claim:

  • Your pain is entirely due to your pre-existing condition
  • The accident merely revealed problems you already had
  • Your current treatment would have been necessary regardless of the accident

These tactics can significantly reduce your compensation if not properly addressed.

Documentation is your best defense

The key to protecting your claim is clear documentation that distinguishes between your pre-existing condition and new injuries or aggravations. This includes:

  • Being completely honest with your doctors about your medical history
  • Having medical professionals document how the accident specifically worsened your condition
  • Maintaining records showing your condition’s stability before the accident
  • Gathering medical evidence that demonstrates the difference in your condition before and after the crash

How Smith Jordan Law can help

At Smith Jordan Law, we have extensive experience handling complex car accident claims involving pre-existing conditions. Our attorneys understand how to:

  • Work with medical experts to clearly establish the connection between the accident and your worsened condition
  • Counter insurance company tactics that attempt to minimize your compensation
  • Ensure all medical documentation properly distinguishes between pre-existing issues and new or aggravated injuries
  • Fight for the full compensation you deserve for all accident-related damages

Don’t give up your right to benefits – Call us today

Don’t let concerns about a pre-existing condition prevent you from seeking justice after an accident caused by someone else’s negligence. With proper legal representation, your pre-existing condition should not bar you from receiving fair compensation for genuine accident-related injuries.

Contact Smith Jordan Law today for a consultation about your specific situation. We’ll help you understand your rights and build a strong case that accounts for your unique medical circumstances.

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