According to reports by the World Health Organization (WHO), an estimated 1.3 million people die as a result of road accidents. Plus, twenty to fifty million more people suffer from non-fatal injuries while some suffer from permanent disabilities.
Surprisingly, most people injured in road accidents have pre-existing conditions or injuries. Unfortunately, insurance companies depend on these pre-existing conditions to base their arguments and lower the compensation you can get.
While pre-existing injuries or conditions might affect the compensation you get, it’s not always the case. If your injuries are a result of someone else’s negligence, you can still file a claim and get the compensation you deserve, even with an underlying condition.
Keep reading to learn more about pre-existing conditions and how they can affect your injury claim.
What are Pre-existing Conditions?
A pre-existing condition is an injury or illness that you had even before an accident. For instance, if you were involved in a car accident and got back injuries. A previous back injury will be a pre-existing injury.
This can really make things harder when it comes to seeking compensation as insurance companies use that as an excuse to deny or lower the compensation you can get.
When processing your claim, some things the at-fault party might consider as pre-existing conditions include:
- Cardiovascular problems
- Past surgeries
- Previous back injuries
- Head or neck injuries
- Diabetes
- Arthritis
- Osteoporosis
- Mental conditions
- Respiratory conditions
- Prior pain treatments
How Pre-existing Conditions can affect your Claim
It is important to disclose to a personal injury lawyer any injuries or conditions present before the accident. Hiding these conditions will only make things worse and can reduce the chances of getting a reasonable settlement. Remember that insurance companies can use these conditions to disqualify your claim.
Here’s why you should disclose to your lawyer any pre-existing conditions:
Injury intensification
A pre-existing condition can be worsened by an accident. While the driver at fault might have nothing to do with your underlying condition, they sure are to be held responsible for aggravating it. This will require some type of connection between your pre-existing condition and the presently claimed injury. With the input of a doctor, you can prove that the injuries you had were aggravated by the accident.
The Eggshell skull rule
The Eggshell Skull Rule is a legal policy related to injury cases. This states that an offender’s accountability will not be reduced because the complainant is more prone to injuries. In simple terms, the defendant is accountable for all the damages caused by their negligence, even if the pre-existing condition contributed to its severity or not.
Therefore, the driver at fault must pay for your injuries even if your pre-existing condition worsened the injuries, or you sustained the injuries because you were more susceptible to injuries. This makes it even more vital to share with your representative about your previous medical conditions.
Compensation
You will need money to cover your medical bills. However, the compensation you get will be impacted by any previous condition you have. Remember that the at-fault party will try to say that you are misusing the event to get compensation to pay for your pre-existing condition’s medical bills. This can then be an argument used to reduce the amount of money you get as compensation for your injuries.
Bottom Line
If you were involved in an accident that led to injuries after you were diagnosed with an illness, you should not be hesitant to seek justice. You can still recover your compensation even if you had a pre-existing condition. You can do this by proving that your injuries were intensified by the accident. You should also prove that you wouldn’t be in the present situation if it were not for the accident that worsened your underlying condition.
