Car accidents can be life-altering events that often lead to substantial physical injuries, emotional distress, and financial burdens. But what happens to this already stressful situation when you are involved in a collision, and you already have a pre-existing medical condition?
Many accident victims worry that their conditions may jeopardize their compensation, so in this blog, our car accident lawyers discuss the possible tactics insurers may use and how you, alongside your lawyer, can protect your rights to ensure they pay what you deserve.
What is a Pre-Existing Condition?
A pre-existing condition refers to any medical conditions or injuries you were already diagnosed with before the car accident. In many cases, if you have a pre-existing health condition, insurance companies will attempt to show that any injuries sustained in the accident can be attributed to your pre-existing condition, which wouldn’t apply to the accident claim.
For example, an elderly plaintiff diagnosed with arthritis experiences severe pain in their hands after an accident. The defendant’s insurance can try to dismiss this as a symptom of a condition that already existed, so they don’t have to pay for damages relating to that pain.
Another example is a plaintiff with chronic back pain due to scoliosis who experiences significantly increased pain after a collision. It is called aggravation of pre-existing conditions, and the defendant’s insurance may try to excuse the worsened pain as a typical symptom of the original condition.
However, it is crucial to understand that having a pre-existing condition doesn’t disqualify you from seeking compensation for new conditions or aggravated symptoms of an existing condition after a car accident.
Pre-existing Conditions That May Be Aggravated by A Car Accident
- Previously broken bones
- Arthritis
- Joint pain
- Heart disease
- Fibromyalgia
- Brain injuries
- Herniated discs
How A Pre-Existing Condition Can Affect an Accident Claim
Your medical history may be closely scrutinized during the car accident claim investigation if you have a pre-existing condition. It’s vital to be upfront about your conditions because if you don’t disclose them, it may be seen as trying to hide them and seeking compensation for issues unrelated to the accident.
Unfortunately, it is common for insurance providers to attempt to evade the claim payment. So, they regularly try to prove that injuries caused by accidents are in some way linked to a pre-existing condition. This happens often because many people live with ongoing illnesses and disabilities.
It may take more time and effort to receive the financial aid you need to pay for your treatment. Using physical evidence, expert testimony, and an experienced lawyer, you must prove that the accident directly caused your current health issues or impacted your condition to receive the appropriate compensation.
Why Legal Representation is Vital
Car accident victims with pre-existing conditions are typically subjected to more invasive, drawn-out legal proceedings that delve into their diagnoses and scrutinize their medical history. Hiring a lawyer to represent you can remove many of the roadblocks that can be insurmountable for those already dealing with chronic conditions.
Your lawyer will collect the relevant evidence and present it on your behalf. The evidence will show that your pre-existing condition has been negatively impacted by your accident or that the symptoms and injuries you have developed after the accident are not standard parts of your condition.
Your lawyer will build a solid case to protect your rights using a combination of your medical records and expert testimonies from trusted sources in the field. Your lawyer can also organize thorough medical exams by an unbiased third party to add context to the case that cannot be disputed.
The Eggshell Plaintiff Doctrine
In some cases, car accident victims have their pain and suffering dismissed as inevitable side effects of their condition. Suppose a person living with a heart condition that is diagnosed, managed with medication, and supervised by a doctor is in a car accident. In that case, they are highly likely to experience a cardiac event. Insurance providers often argue that these incidents would have happened regardless of the circumstances.
In cases like this, the victim’s lawyer will argue what is known as the Eggshell Plaintiff Doctrine. This legal standard ensures that the party at fault for causing an accident is held accountable for the full extent of the plaintiff’s injuries, even those caused by the aggravation of an existing condition.
What You Need to Support a Strong Case
Before you make your claim, you must visit your doctor for a check-up to ascertain how your condition has changed since the accident and what new issues have developed that aren’t linked to the pre-existing problem. If you can, before meeting with your lawyer, you must gather documents with details about your condition, including:
- When you were diagnosed
- Medications you have used to manage your condition (over-the-counter and prescription)
- Hospital visits and surgeries
- Scans include X-rays, CT scans, MRIs, echocardiograms, and ultrasounds.
- Reports from specialists
- Medical bills
If you are experiencing exacerbated symptoms, you must have records showing what was required to manage your condition before the accident and what is now required to achieve the same results after the accident. For example, if you controlled chronic pain with over-the-counter medications but now require prescription painkillers, it shows that the accident had a direct link to increased pain.
The Path to Fair Compensation
Pursuing a car accident claim with a pre-existing condition can be challenging, but it is not impossible. Understanding your rights and knowing how to prepare a strong case will give you the tools you need to counter the attempts of insurance providers to avoid paying you.
Your condition does not disqualify you from fair compensation. Provided you are truthful about your medical history, provide comprehensive evidence, and enlist the help of an experienced personal injury attorney, you will be able to navigate the nuances of a complicated case.
