Not every personal injury victim is in perfect medical condition at the time of their accident. Many have a medical condition or old injury that the accident aggravated. Insurance adjusters love these situations, as they may more readily issue a denial, citing it’s due to a preexisting health condition. However, denying your claim may be a little shortsighted. By law, the presence of the victim’s preexisting condition doesn’t remove the liability of the negligent party.

If you were injured due to someone else’s negligence, you retain the right to file a suit for compensation against the negligent party. However, if the accident worsened your preexisting injuries, and you needed medical treatment for your worsened conditions, you have the right to be compensated for those medical bills. Proving the extent of your re-injury can get complicated, though. Our Independence, Missouri, personal injury lawyer explains how your preexisting condition may affect your personal injury claim and what your legal options are.

How preexisting conditions affect accident injuries

How an accident affects any healing injury or health condition depends on what kind of accident it was and where and how you were hurt. For example, if you have hip dysplasia, with a joint that’s easily dislocated and you get hit on the head. It’s unlikely that you’ll sustain further injury to your hip. In this type of case, you would file a claim based on the head injury, and your weak hip would be unlikely to factor in.

However, let’s say you have the same hip dysplasia condition, and you slip and fall because a grocery store owner didn’t clean up a large puddle of spilled milk. Your hip pops out of the socket, causing a painful dislocation that requires surgery to correct. In this type of situation, your preexisting injury was aggravated because of your accident. And, because you wouldn’t have fallen had the grocery store owner been diligent about cleaning up spills and advising customers of wet floor dangers, you have grounds to file a personal injury claim.

This is just one example of how someone who is medically fragile can sustain a serious injury. People who have sustained head injuries are another common example. Even years after the initial concussion, someone who suffered another blow to the head, which is a common car accident injury, is more likely to sustain serious brain damage than someone who was injured in the same manner, to the same degree, who never had a concussion before.

Defining preexisting conditions as they pertain to personal injury law

A preexisting condition is any health condition you had when the incident occurred or any injury that you suffered before the incident. The plaintiff may be managing their condition well or their injury well on its way to healing when the accident happens, only to suffer a painful re-injury or worsening of their condition in the accident.

Some common preexisting conditions that can be aggravated in an accident like a trip-and-fall, car crash, or workplace injury include:

• Chronic joint conditions, including arthritis or past injuries
• Degenerative spinal disorders or cervical spine issues
• Persistent back pain, sciatica, or herniated discs
• Recent surgery
• History of concussions
• Invisible disabilities, including arthritis, fibromyalgia, or nerve damage

Vitamins who experience re-injury in an accident usually suffer limited mobility, chronic pain, or flare-ups of their medical condition, like inflammation or increased anxiety.

If you were on your way to a full recovery from an injury and the accident hampered your recovery, or if you were able to manage your chronic health condition before the accident and now it’s worse, you can file a claim for compensation for additional medical treatment and your pain and diminished quality of life.

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 additional medical care.

The eggshell skull rule and your personal injury case

The Eggshell Skull Doctrine states that a defendant is still liable for any injury their negligence causes the plaintiff and is not limited or absolved because the plaintiff had a preexisting health condition that left them more vulnerable to serious injury.

Applying this doctrine, however, can be challenging; it’s best to have an experienced personal injury attorney, one familiar with using medical records to demonstrate how the accident exacerbated your condition, represent you. Your pre-accident medical records are compared with your post-accident records, demonstrating how the incident further harmed you. Many attorneys, ourselves included, employ the services of medical experts who can explain to the defendant’s insurance company and a jury exactly how the defendant’s actions aggravated your preexisting condition.

Don’t let a pre-existing condition hold you back

If a recent accident has worsened a pre-existing medical condition, you may still be entitled to compensation. The experienced attorneys at Langdon & Emison understand how to handle these complex cases and will fight to protect your rights. Contact Langdon & Emison today at (866) 931-2115 for a free consultation and get the expert legal support you deserve.

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