Can You Make A Claim For Pain And Suffering If You Have A Pre-Existing Condition?
Filing a personal injury claim while suffering from a pre-existing condition might feel like a legal minefield. When you hear “pre-existing condition,” you may immediately think of insurance policy issues. Sadly, you are not wrong. In a personal injury case, you aim to obtain compensation for lost wages, medical bills, and any other losses caused by the accident. In a personal injury lawsuit involving a pre-existing condition, your compensation may be jeopardized regardless of the circumstances.
The good news is that the law may favor you. Some doctrines have been put in place to protect individuals in this condition. Working with an expert personal injury attorney will help you get your deserved compensation. To learn more, click here.
What are pre-existing conditions?
In the context of personal injury law, pre-existing conditions are physical or health disorders that existed before the accident in question. Suppose you have chronic back pain from a previous injury. If you are rear-ended in traffic and sustain a new back/neck injury, the insurers will almost certainly designate your persistent back pain as a pre-existing condition. The following are some of the most prevalent pre-existing conditions we face in personal injury cases:
- Neck-related injuries
- Back-related injuries
- Degenerative disc disease
- Sprains and Strains
Insurance companies will go to any length to avoid paying out expenses in personal injury lawsuits. Every single option will be labeled as pre-existing.
The Eggshell Skull rule
The Eggshell Skull Rule was created to assist personal injury victims with pre-existing conditions. The theory holds the defendant accountable for the plaintiff’s unexpected and unusual reactions due to the defendant’s negligence. It also states that the victim’s vulnerability, frailty, or sensitivity cannot be utilized against them.
Under the Eggshell Skull Rule, the at-fault person may still be held accountable for the victim’s new injuries. This is because their pre-existing conditions left them vulnerable to the present injuries sustained in the collision.
Insurance companies often argue that the accident would not have occurred if the victim had not had pre-existing conditions. This rule protects victims against such speculation.
Insurance companies frequently use pre-existing conditions to reduce payouts. This is because a large proportion of Americans have them. The Department of Health and Human Services estimates that up to 129 million non-elderly Americans have a health condition. This is the reason why it is essential to have professional legal help on your side. Schedule an appointment with an experienced personal injury attorney today.