Quite often, victims hesitate to file a personal injury claim if they have pre-existing medical conditions. This is because they fear their medical history will jeopardize the entire case.
However, this isn’t entirely true.
Every accident victim has a right to seek and get fair compensation regardless of their pre-existing condition.
Hiring attorneys for personal injury claims is very important in this regard. Insurance adjusters are always looking for loopholes that will help to lower or deny fair compensation to the victim. An experienced personal injury attorney steps in to fill this gap and build a solid case.
Keep reading to learn how pre-existing conditions can meddle with a personal injury claim.
What Is Classified as a Pre-Existing Condition?
Pre-existing medical conditions refer to anything a victim suffered from before getting into an accident. These could be as a result of chronic illnesses or past injuries. Examples include:
- Chronic illnesses like cancer, asthma, diabetes, arthritis, and hypertension
- Degenerative conditions such as sclerosis, muscular dystrophy, or muscle weakness
- Mental health disorders, which include depression, anxiety, and panic attacks
- Past injuries that could have resulted in back, neck, and knee pains
Some of these illnesses typically worsen over time, especially degenerative conditions. However, sustaining an injury could worsen an illness or cause pain and suffering, entitling victims to compensation.
Different Ways Pre-Existing Conditions Affect a Personal Injury Claim
Below are some specific instances illustrating the impact of pre-existing conditions on a case.
Jeopardizing “Honesty Is the Best Policy”
Insurance adjusters examine your medical history to find any discrepancies. Failing to disclose or omit any information can be viewed as dishonest and could result in the dismissal of your claim.
Adjusters can differentiate between what caused an injury and factors that aggravated it. However, insurance adjusters will try to blame your injuries on pre-existing conditions to discredit or lower the settlement amount.
Your medical records can help determine previous injuries and those that resulted from an accident. If this isn’t sufficient, you may need to hire an expert witness to provide specialized insights.
Shifting Blame
Insurance adjusters often use pre-existing conditions to shift the blame onto the victim. Once they find out that the victim had a pre-existing condition, they will argue that the victim’s injuries are because of the condition and not the action of the at-fault party.
This can, however, be countered by proving that the victim’s injuries are in no way related to their pre-existing condition.
The Eggshell Skull Theory
This rule, also known as the thin skull rule, states that defendants should take their victims as they find them. In simple terms, a pre-existing medical condition that makes you more susceptible to a personal injury cannot be used against you.
The benefit of this rule is that it can result in fair compensation since a defendant will be fully liable for the injuries a plaintiff sustained. Your previous conditions are taken into account when calculating the extent of your current injuries.
A good example is if you have sclerosis. Studies show that people living with these conditions have higher chances of sustaining fractures. The defendant will be liable for the full injuries and not just what fractures you would have sustained if you didn’t have the condition.
How to Protect Yourself
If you suffer from pre-existing medical conditions, here are some tips to protect yourself and get the compensation you deserve:
- Avoid sharing your entire medical history with insurance adjusters. Let your attorney release only what’s necessary.
- Get immediate medical attention. This will help establish the connection between your injuries and previous medical conditions early on.
- Don’t accept the first offer. Let your attorney analyze an offer before accepting it.
Conclusion
Pre-existing conditions can meddle with your personal injury claim, but this shouldn’t deter you from getting fair compensation. However, always ensure you disclose your medical history to your attorney to avoid sabotaging your case.
