Have a pre-existing condition and involved in a car accident? Wondering how it affects your claim? Contact Hoffmann L.L.C
If you’ve been injured in a car accident and have a pre-existing condition, you might wonder how it could affect your claim. Insurance companies often try to use pre-existing medical issues to reduce or deny compensation, but the law protects your right to recover damages for new injuries or the worsening of existing ones.
At The Hoffmann Law Firm, L.L.C., we understand the challenges of dealing with pre-existing conditions in car accident claims. With decades of experience, we’ll fight to get you the compensation you deserve. Contact us today for a free consultation, and let us help you navigate the complexities of your case.
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What Is a Pre-Existing Condition?
A pre-existing condition is any injury, illness, or medical issue you had before the car accident. Common examples include:
- Chronic back pain
- Arthritis
- Prior fractures or surgeries
- Degenerative disc disease
- Pre-diagnosed mental health conditions like anxiety or PTSD
While pre-existing conditions are common, they can complicate the claims process when they overlap with injuries caused by the accident.
How Pre-Existing Conditions Affect Car Accident Claims
Aggravation of Pre-Existing Conditions
If a car accident worsens a pre-existing condition, you are entitled to compensation for the aggravation. For example:
- A person with mild arthritis may experience more severe joint pain after an accident.
- An old back injury previously stable could become debilitating after a collision.
This is known as the “eggshell plaintiff” rule, which holds that the at-fault party is liable for injuries caused, even if the victim is more vulnerable to injury due to pre-existing conditions.
Challenges in Proving New Injuries
Insurance companies may argue that your injuries are not new but rather symptoms of your existing condition. They might use your medical history to downplay the severity of your injuries or claim that the accident had little to no impact on your health.
Increased Scrutiny by Insurance Companies
Insurance adjusters will closely examine your medical records when you have a pre-existing condition, looking for reasons to reduce or deny your claim. They may:
- Question the severity of your injuries.
- Argue that treatment is unnecessary because it relates to your pre-existing condition.
- Attempt to shift blame to your health history instead of the accident.
How to Strengthen Your Claim
Despite these challenges, there are several steps you can take to protect your right to compensation:
- Be Honest About Your Medical History
- Full disclosure is crucial when dealing with insurance companies or pursuing a personal injury claim. You must disclose a pre-existing condition to maintain your credibility and your case.
- Document the Aggravation of Your Condition
- Work with your doctor to clearly document how the accident has worsened your pre-existing condition. Medical records, diagnostic tests, and treatment notes can establish the difference between your pre-accident and post-accident health.
- Seek Immediate Medical Attention
- Prompt medical care ensures that your injuries and the impact on your pre-existing conditions are properly documented. Delays in treatment can give insurers a reason to question the validity of your claim.
- Obtain a Doctor’s Opinion
- Ask your healthcare provider to provide a written statement or testimony explaining:
- Your condition before the accident.
- How has the accident aggravated your condition or caused new injuries?
- The necessary treatment and expected recovery process.
- Ask your healthcare provider to provide a written statement or testimony explaining:
- Avoid Signing Medical Releases Without Legal Advice
- Insurance companies may request access to your medical records but aim to find evidence to minimize your claim. Consult with an attorney before signing any release to limit access to only the relevant medical information.
How Insurance Companies Use Pre-Existing Conditions Against You
The “Causation Defense”
Insurance adjusters often argue that your injuries were not caused by the accident but stem from your pre-existing condition. For example, if you’ve had back pain for years, they may claim that the accident didn’t worsen it.
Cherry-Picking Medical Records
Insurers might comb through your records to find unrelated past injuries or treatments they can use to argue that your current condition is not accident-related.
Low Settlement Offers
By downplaying the accident’s impact, insurers may offer you a settlement that doesn’t reflect the full extent of your injuries and their effect on your life.
The Role of the “Eggshell Plaintiff” Rule
The legal principle of the “eggshell plaintiff” rule is essential in cases involving pre-existing conditions. This rule means that the at-fault party is responsible for all injuries caused by their actions, even if the victim was more susceptible to injury due to a pre-existing condition. In other words, the defendant cannot avoid liability simply because the victim was not in perfect health.
Compensation for Pre-Existing Conditions Aggravated by an Accident
If your pre-existing condition was made worse by the accident, you may be eligible for compensation for:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Reduced earning capacity
- Long-term care or rehabilitation
The key is to differentiate between your pre-accident baseline and your post-accident condition with the help of medical evidence.
When to Consult an Attorney
Navigating a car accident claim involving pre-existing conditions can be complex. An experienced personal injury attorney can:
- Counter insurance company tactics that seek to minimize your claim.
- Work with medical experts to establish how the accident aggravated your condition.
- Negotiate for a fair settlement that reflects the full impact of your injuries.
Contact us Today
A pre-existing condition doesn’t mean you can’t recover compensation after a car accident. In fact, the law protects your right to seek damages for new injuries or the worsening of existing ones. The key is to be proactive: document everything, seek immediate medical care, and consult a qualified attorney to protect your rights.
At The Hoffmann Law Firm, L.L.C., we understand the challenges of dealing with pre-existing conditions in car accident claims. With decades of experience, we’ll fight to get you the compensation you deserve. Contact us today for a free consultation, and let us help you navigate the complexities of your case.
FREE CASE EVALUATION
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