A person with a cast on his arm

Will A Pre-Existing Condition Affect Your Personal Injury Claim?

Filing a claim with a pre-existing condition can complicate many cases. Insurance companies may use your previous injuries to reduce your final settlement. Fortunately, the law has specific protections in place for these situations. Even if you have a previous injury, you still have the chance to pursue justice and get the compensation you deserve.

What Are Pre-Existing Conditions?

A pre-existing condition or injury is a physical or mental health issue you had before your accident, which includes anything from a general health condition to an unhealed injury. For example, if you were previously involved in a slip and fall accident that left you with chronic nerve damage, the defendant’s insurance company may consider it a pre-existing condition.

A few of the most common pre-existing injuries seen in personal injury claims are:

  • Traumatic brain injuries
  • Chronic back pain
  • Congenital disabilities
  • Degenerative disc disease
  • Heart disease
  • Diabetes
  • Asthma
  • Spinal cord injures

What Is The Eggshell Skull Rule?

Also known as the “eggshell plaintiff theory,” the eggshell skull rule protects claimants with pre-existing conditions. This legal doctrine states that insurance companies must accept the victim as they are, even if they are more prone to accidents. As a result, companies cannot discriminate against you, and they will be held liable for any relevant damages. 

However, insurance companies will still use the eggshell skill rule by blaming your damages on previous medical conditions. Always immediately notify your attorney of any pre-existing injuries that could affect your case.

Do You Need To Disclose Prior Injuries To Your Lawyer?

Many claimants worry that discussing their pre-existing conditions would disqualify them from receiving compensation. However, informing your lawyer will help them establish how the accident affected your condition and created new injuries.

Another critical point is that insurance companies will try everything to reduce their final payout. If they check your medical history and find out you’ve omitted information about any previous conditions, you may receive a smaller settlement or have your claim dismissed altogether.

How Will Pre-Existing Conditions Affect Your Case?

How your pre-existing condition will affect your case depends on how relevant it is to your recent accident. In some situations, the eggshell skull rule will help you land a higher payout, and the insurance company will be fully responsible. But if an insurance company can prove the accident did not worsen your injuries, they’ll try to offer a lower amount. In either case, your attorney will need to negotiate a fair settlement that covers your damages.

Our Professional Attorneys Are Here To Help

Filing a claim with pre-existing conditions can be stressful, and most insurance companies will also try to use your situation to lower your settlement or deny your claim. Our experienced personal injury attorneys will help you build a strong case and ensure you receive the compensation you’re entitled to. Please contact us online or at (866) 507-1730 to schedule a free initial consultation today.