Do Pre-existing Conditions Affect Your Personal Injury Claim?

  1. Personal Injury
  2. Do Pre-existing Conditions Affect Your Personal Injury Claim?
Pre-existing conditions

It happens every day: someone with a pre-existing condition gets in an accident. A pre-existing condition is an injury or illness that occurred before an accident, meaning it existed before your accident. The good news is that you are able to recover from the damage you experience from the accident. The bad news is your pre-existing condition may make your suffering from the accident worse. The general rule is that you cannot recover from conditions that existed before your accident. However, it is very common for someone to have a pre-existing condition and become involved in an accident that worsens that condition. The law recognizes the issues a pre-existing condition could create for someone that has been injured.

You are allowed to recover for the extent the accident made your pre-existing condition worse. There is a saying in law that you take a person as you find them. All this means is that a person is able to recover for all their injuries or pre-existing conditions made worse by the accident. There is another rule commonly referred to as the eggshell skull rule. The name behind this rule comes from a fictional story about a man who had a thin skull, who was in an accident. Because the man’s skull was so thin, his injuries were worse than the injuries a person with an average skull would have received. Despite the fact that the defendant did not know about the man’s condition and that condition made the injury worse, the defendant is still responsible for all damages resulting from the accident he caused.

Often, recovery is more difficult from the aggravation of a pre-existing condition. The challenge with pre-existing conditions is separating your condition from the injuries you received from the accident and proving the accident caused it to worsen. This usually requires you to seek medical care. Your doctor will be able to help you determine what injuries came resulted from the accident and whether the accident aggravated a pre-existing condition. The best thing to do in situations causing injury in an accident and have a pre-existing medical condition is to call an attorney. The attorney will be able to advise you on your chances of recovery. With the use of your medical records and statements from your doctor, it is possible to recover.

An accident on top of a pre-existing condition can interrupt your daily life. You are allowed to receive compensation for your injuries caused by the accident. Don’t let your pre-existing condition prevent you from seeking justice for the harm caused by an accident. A member of the King Law team will help you sort through the process and guide you towards recovery. Contact King Law Offices today at (888) 748-KING to schedule a consultation with one of our compassionate and skilled attorneys. We’ll help you sort through the legal process and guide you towards recovery.

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