Injuries sustained in an accident can impact almost every aspect of life—medical costs can devastate your finances, and this is often only the start. Just imagine the impact a pre-existing condition can have; your accident can make the symptoms noticeably worse. You may need additional medical care and find yourself facing a prolonged recovery.
Did you know your pre-existing medical condition may be covered in a personal injury claim? However, before getting too excited, the complexities of pre-existing conditions in personal injury claims can have you giving up before you start filling out the paperwork. While a pre-existing condition can complicate your case, you can successfully recover compensation for all of your damages.
What Qualifies as a Pre-Existing Condition
Before you can claim a pre-existing condition, it’s helpful to know what the term refers to. A hangnail can be a pre-existing condition but it’s not something that’s going to affect injuries sustained in an accident.
Yes, even if you break a finger in a car accident, the hangnail still isn’t going to qualify. In other words, the presence of the hangnail doesn’t increase your risk of breaking a finger bone.
So, what qualifies as a pre-existing condition in a personal injury claim? The definition is pretty broad, but it includes any medical issues, health ailment, or injury you sustain before being involved in an accident.
The condition must be documented by a medical professional and be either directly or indirectly a cause of any injuries resulting from the accident. If your pre-existing condition takes a turn for the worse after the accident, this may also be covered.
If you’re feeling a little confused, don’t worry—this is common. Determining if your pre-existing condition is a cause of any injuries is often a complicated and frustrating process.
How the Eggshell Rule Can Affect Your Injury Claim
The name should give you a general idea of what the rule is referring to. After all, eggshells tend to crack and break pretty easily. The Eggshell Rule may apply to your personal injury claim if you have a pre-existing condition.
The rule basically states that the at-fault party can be held responsible for your injuries sustained in the accident. The rule also acknowledges that your condition is partially responsible for the severity of your injuries.
Don’t panic; the rule isn’t saying your pre-existing condition is partially to blame for your injuries. The Eggshell rule only states your injuries are more severe than those normally sustained by a medically healthy person.
An important aspect of the rule is it effectively prevents a defendant from blaming your injuries on your pre-existing conditions. This means the defendant can be held legally responsible for the increased severity of your injuries, along with your pain and suffering.
Evidence is Crucial
Regardless of whether you have a pre-existing condition or are perfectly healthy—if you’re seeking compensation for damages sustained in an accident, you’re going to need to provide evidence. What type of evidence do you need in an injury case involving pre-existing conditions? Thankfully, the list isn’t too extensive.
Medical Records
You’re going to need to open up your medical records—but don’t worry; you’re probably not going back to childhood. You also aren’t going to need to provide documentation for every doctor’s visit and medical procedure. However, you will need to grant access to your medical files on the diagnosis, treatment, and status of your pre-existing condition.
There’s no getting around supplying this information if you plan on using the Eggshell Rule in your injury case. You’ll also need to hand over your medical records relating to any injuries you sustained in the accident. Your medical records will help show that your new injuries and symptoms would not be so severe without the presence of a pre-existing condition.
Expert Medical Testimony
You may not need expert medical testimony if your injury case is successfully settled without heading to court. However, this can change if your claim turns into an injury case. When you have a case, this typically means a civil court date.
While the judge and/or jury will review your medical records, it’s always helpful to have a medical expert testifying on your behalf. The expert can support your diagnosis and injury claim, along with providing a direct correlation between the accident and the worsening of your pre-existing condition.
Additional Documentation
What other types of documentation should you provide? This often depends on the severity of your injuries. If your injuries are severe enough, a ride in an ambulance is necessary, so don’t worry about documenting the accident scene or talking to any witnesses.
If you can move around, go ahead and grab your cell phone. Use the camera feature to snap some photos of the accident scene, along with your injuries and any vehicle damage. Get contact information from any witnesses but don’t discuss the accident. Anything you say to the witnesses can be used against you by the insurance company—in other words, it can jeopardize your injury claim.
You may also want to keep a journal of any symptoms associated with your pre-existing condition. This is a little different than what’s included in your medical records. Your journal gives a personal view of your injuries, including your pain and suffering. Sometimes, shining a light on the personal aspects is enough to motivate an insurance company to settle or a jury to rule in your favor.
Potential Recoverable Damages
Regardless of whether your injury case involves a pre-existing condition, the potential recoverable damages are the same. This means you may be able to recover both economic and non-economic damages.
Economic damages typically include medical expenses, property repair costs, and lost current and potentially future earnings. Non-economic damages cover things like mental anguish, pain, and suffering.
Talk to an Attorney About Your Pre-Existing Condition and Impact on an Injury Case
The Eggshell Rule means you’ve got to clear a higher bar when proving your case in court—it tends to make your injury claim more complicated—but don’t let that intimidate you.
Teaming up with a skilled attorney can make a big difference. They’ll work hard to make sure you get every penny you deserve for your damages.
