Personal Injury Claims With A Pre-Existing Condition

An important aspects of personal injury claims with a pre-existing condition is being open and honest about any pre-existing conditions before the accident.

Understanding how a pre-existing condition may impact a personal injury claim is critical. Essentially this is when an illness or condition may have worsened due to further harm being caused by another party’s negligence.

If you believe you may have a personal injury claim with a pre-existing condition, then Jefferies Claims may be able to assist.

What Is a Pre-Existing Condition?

A pre-existing condition is any health issue or injury that a person had before an accident occurred. These conditions can range from chronic illnesses, such as arthritis, to previous injuries, such as a healed fracture.

Many people have some form of pre-existing condition, especially as they age. The existence of such conditions does not preclude an individual from receiving compensation in a personal injury case, but it can complicate the legal process.

The Eggshell Skull Rule

This rule is a fundamental principle in personal injury law that protects individuals with pre-existing conditions. It states that a defendant is responsible for all injuries they cause. This applies even if you were more susceptible to harm due to a prior condition.

In other words, the defendant cannot escape liability simply because you were more vulnerable than an average person.

For example, if a person with osteoporosis sustains multiple fractures in a car accident. In this case, the at-fault driver cannot argue they should pay less because the victim’s bones were already fragile. The law requires defendants to take their victims as they find them, making them fully liable for the damages they cause.

Proving a Pre-Existing Condition Was Worsened

One of the biggest challenges in personal injury claims with a pre-existing condition is proving that the accident worsened the existing condition. This requires substantial medical evidence, including:

• Medical Records: Past and current medical records help establish the difference between the condition before and after the accident.
• Doctor’s Testimony: Medical professionals can provide expert testimony explaining how the accident exacerbated the pre-existing condition.
• Diagnostic Imaging: X-rays, MRIs, and CT scans can illustrate changes in the injury over time.
• Pain and Symptom Documentation: Personal journals and records detailing changes in pain levels and functionality can serve as evidence.

Common Personal Injury Claims With A Pre-Existing Condition

Personal injury claims with a pre-existing condition are commonly cited with certain pre-existing conditions. These include:

• Back and Neck Issues: Many people suffer from chronic back or neck pain due to herniated discs, degenerative disc disease, or past injuries.
• Arthritis: A pre-existing joint condition may be aggravated by an accident, causing increased pain and disability.
• Prior Fractures or Surgeries: Bones or joints that were previously fractured or surgically repaired may be more vulnerable to re-injury.
• Psychological Conditions: Conditions such as anxiety, depression, or PTSD can be worsened by traumatic events like car accidents.

Your Personal Injury Claim

To improve your chances of obtaining fair compensation when a pre-existing condition is involved, you need to seek immediate medical attention. It is important to be honest about any pre-existing conditions. You will also need to have detailed records of symptoms, appointments and the impact on your daily life.

Jefferies Claims is here to help you with a claim for compensation. We work with lawyers who will assess all aspects of your case and who operate on a ‘No Win, No Fee’ basis. To discuss your potential claim in confidence, contact our team on 0333 358 3034. Alternatively, complete our online contact form to arrange an initial no-obligation telephone consultation with a member of our expert team.