Maybe. Some pre-existing conditions leave accident victims more vulnerable to re-injury, or are more likely to be aggravated by a traumatic collision or fall (joint damage or arthritis). Even with a pre-existing injury, if you suffered physical harm in the accident, you can still claim compensation for the medical care you required to address the damage.
That being said, insurance companies look for any reason to reduce or deny a valid personal injury claim, and citing that your injuries existed before the accident is a common one. Proving the extent of the harm that the accident caused can be more difficult than proving that the incident caused a “fresh” injury.
Working with an experienced Greenville personal injury lawyer can improve your chances of a fair settlement in a personal injury claim involving a pre-existing condition.
What is a pre-existing condition?
Pre-existing conditions are any health condition or injury you had before a specific incident (for example, a car wreck). Many people are able to manage their chronic health conditions or may be recovering fine from an injury or surgery, only to sustain more serious damage in the accident.
Not all pre-existing medical conditions or old injuries are negatively impacted in an accident, but many of us live with conditions that can easily be aggravated in many types of personal injury accidents, like:
- Cervical spine conditions or degenerative spinal disorders
- Sciatica, herniated discs, or persistent back pain
- Joint issues, such as arthritis or previous injuries
People who have “invisible disabilities,” like arthritis, fibromyaligia, or nerve damage, may see their condition exacerbated, too, and suffer limited mobility, excessive pain, and flare-ups of other symptoms.
If your medical condition was manageable before the accident and has since become a debilitating one, then you likely have grounds to claim compensation for these damages.
How accidents exacerbate pre-existing conditions
Some pre-existing conditions leave someone medically fragile, so more likely to sustain harm in an impact than someone without that condition. Head trauma is one of the most common pre-existing injuries of this type. Someone who has had a concussion before is much more likely to sustain severe brain damage in second and subsequent concussions.
Certain medical conditions are also more prone to aggravation in a traumatic accident, like joint damage, having recently had surgery (more likely to sustain serious injury at the surgery site), and neck, back, or spine injuries. An impact that may cause minor muscle damage in a healthy person could cause disabling injury to someone with a herniated disc, for example.
Applying the “eggshell rule” to prove damages for pre-existing conditions
The Eggshell Skull Doctrine is a fundamental principle of personal injury law. Under this doctrine, a defendant’s liability for injury is not limited because the plaintiff had a pre-existing condition that made them more susceptible to injury.
For example, Humpty-Dumpty could still be eligible to claim damages in a wall collapse, and his recovery is not limited because he’s a fragile egg.
The challenge in applying this doctrine to personal injury claims is establishing the degree to which the plaintiff suffered additional physical harm. Your medical records are the most vital element of evidence in proving damages due to an exacerbation of a pre-existing condition. They show how you sustained the initial injury and how the incident caused your condition to worsen.
Injured? We can help.
Have you suffered aggravation of a pre-existing injury in an accident? The attorneys at Smith Jordan Law can help you secure fair compensation to cover the aggravation of your injury. Call us at (864) 343-2222 for a free consultation.
