When you’re involved in an accident and file a personal injury claim, one of the key factors that can complicate your case is a pre-existing medical condition. But having a prior injury or health issue doesn’t mean you’re not entitled to compensation — it just means your case may require a little more strategy and documentation.
Insurance Companies and Pre-Existing Conditions
Insurance companies love to use pre-existing conditions to minimize payouts. They might argue that your pain or injuries weren’t caused by the accident but instead were already present. This is why it’s crucial to have substantial medical documentation showing the difference between your previous condition and how the accident worsened it.
The “Eggshell Plaintiff” Rule
There’s good news: the law recognizes the “eggshell plaintiff” rule, which basically means that defendants must take victims as they are. If the accident made your condition worse, the responsible party can still be held liable for the additional harm caused — even if you were more vulnerable to injury because of your medical history.
Documentation Is Key
To strengthen your case, be honest about your medical history. Hiding a condition can backfire and hurt your credibility. Instead, work with your attorney to clearly demonstrate how the accident aggravated your condition or created new symptoms.
Some valuable steps include:
- Gathering medical records from before and after the accident
- Getting expert medical opinions on how the accident impacted your condition
- Keeping a detailed record of symptoms, pain levels, and treatment after the incident
Don’t Let Your Past Define Your Case
A pre-existing condition doesn’t automatically weaken your case — it just means you need to be prepared. With the proper legal guidance and medical documentation, you can still recover the compensation you deserve.
Need help with a personal injury claim involving a pre-existing condition?
Contact our team today for a consultation. We’re here to fight for your full recovery — past, present, and future.
