Will a Pre-Existing Condition Affect My Personal Injury Claim?

The legal truth: Pre-existing conditions should never affect your personal injury claim.

The reality: Pre-existing conditions affect the outcome of personal injury claims all the time.

As we review preexisting conditions, as well as some of the most common preexisting conditions that affect injury claims, we strongly encourage you to speak to an Orange County personal injury attorney if you have been harmed because of someone else’s actions. All too often, individuals with non-related pre-existing conditions see their insurance settlements slip away. Don’t let that happen to you.

Understanding Pre-Existing Conditions and Personal Injury Claims

A pre-existing condition is any health issue or injury that existed before a new incident or accident occurred. These conditions can range from chronic illnesses like arthritis to previous injuries such as a back injury from a car accident. When it comes to personal injury claims, insurance companies and defense attorneys often focus on pre-existing conditions to reduce the compensation owed to the claimant.

However, having a pre-existing condition does not mean you are ineligible for compensation if you are injured due to someone else’s negligence. The key is how the pre-existing condition was impacted by the new injury. If the accident worsened or “aggravated” your pre-existing condition, you are entitled to seek compensation for the new harm caused.

How Insurance Companies Use Pre-Existing Conditions Against You

Insurance companies and at-fault parties often use pre-existing conditions as a tactic to minimize or deny compensation. They may argue that your pain, suffering, or medical issues are not related to the accident in question but are instead due to a pre-existing condition. This is done to seed doubt and reduce the payout to the injured party. Here are some common strategies used:

• Downplaying the new injury. Insurers may claim that the accident did not cause any new injuries but rather aggravated an existing condition that was already causing pain or problems.
• Shifting the blame. Insurance adjusters might argue that the need for medical treatment is solely due to the pre-existing condition, not the accident.
• Requesting extensive medical records. Insurers often request access to your full medical history to find any prior injuries or conditions they can use to reduce the claim.

The Eggshell Plaintiff Doctrine: What You Need to Know

The “eggshell plaintiff” doctrine is a legal principle that plays a critical role in personal injury cases involving pre-existing conditions. According to this doctrine, defendants must “take their victims as they find them.” This means that if an individual has a pre-existing condition that makes them more susceptible to injury, the defendant is still fully liable for any injuries caused by their negligence, even if the injuries are more severe due to the pre-existing condition.

For example, if you had a back injury from a previous incident and were involved in a car accident that worsened your back condition, the at-fault party could still be liable for the full extent of the new damages, not just the portion attributable to the pre-existing injury.

Common Pre-Existing Conditions That Can Affect a Personal Injury Claim

Several common pre-existing conditions often come up in personal injury claims, particularly when insurance companies attempt to minimize payouts. Some of these include:

• Back and neck injuries. Prior back or neck injuries can be a focal point in car accident cases, as insurance companies may argue that the pain and treatment are due to the old injury rather than the new accident.
• Arthritis. If you suffer from arthritis, any new injury to the joints could be blamed on the pre-existing condition rather than the accident.
• Degenerative disc disease. This condition naturally worsens over time, but a new injury can significantly accelerate its progression. Insurers may claim that the worsening was due to the natural progression of the disease.
• Previous fractures or surgeries. If you had a prior fracture or surgery, any new injury to the same area might be contested by insurance companies, who could argue that the current pain or disability is related to the old injury.

Steps to Protect Your Personal Injury Claim

Protecting your claim when you have a pre-existing condition requires proactive steps and a clear strategy:

1. Be honest about your medical history. Always be upfront about your pre-existing conditions when discussing your case with your attorney and medical professionals. Concealing information can harm your credibility and your claim.
2. Limit access to your medical records. Be cautious when signing medical release forms from insurance companies. Ensure they are limited in scope and time to avoid giving them unrestricted access to your entire medical history.
3. Hire an experienced personal injury attorney. A skilled attorney can help navigate the complexities of your case, protect your rights, and ensure that pre-existing conditions are not unfairly used against you.

Contact our firm today for a free consultation.