A pre-existing condition does not bar you from compensation after a car accident. In many cases, it does not reduce what you can recover.
If another driver caused your accident, you are entitled to full compensation for the harm the accident caused. That includes the aggravation or worsening of a condition you already had.
This is known as the “eggshell plaintiff” rule. Under this rule, the at-fault party takes the victim as they find them. A defendant cannot escape responsibility for injuring you simply because you were more vulnerable to injury than the average person.
However, you cannot recover compensation for the pre-existing condition itself. The damages you can recover are based on the new harm the accident inflicted. Call our proven car accident lawyer in Nashville for a free consultation at (615) 864-0343.
Common Types of Pre-existing Conditions Involved in Car Accident Claims
Some conditions appear in accident claims more often than others because they affect the same parts of the body that crashes injure.
Common examples include:
- Degenerative disc disease and prior back injuries
- Herniated or bulging discs
- Arthritis and joint deterioration
- Previous neck injuries and whiplash
- Old fractures and orthopedic injuries
- Prior concussions or traumatic brain injuries
- Anxiety, depression, and PTSD
If a crash worsened any of these conditions, the aggravation can support personal injury damages, even if the underlying condition does not.
Claims of Pre-existing Conditions Aren’t Always Legitimate
Insurance adjusters frequently blame accident injuries on pre-existing conditions, even when the connection is weak. For example, they may claim that a decades-old back strain is the source of your herniated disc, or that age-related degeneration is the explanation for your chronic pain.
These arguments are not always legitimate. An experienced personal injury attorney can counter these tactics with medical evidence and expert opinions that show how the accident affected you, independent of any preexisting conditions.
Steps to Take to Protect Your Injury Claim After a Car Accident
If you have a pre-existing condition, you should take a few steps to protect the value of your claim:
- Seek medical care immediately. Prompt treatment creates a clear record of your post-accident condition and connects your symptoms to the crash.
- Be honest about your medical history. Never hide a pre-existing condition.
- Follow your treatment plan. Failure to seek treatment or follow your doctor’s treatment instructions can give insurers room to argue that your injuries are not serious or not accident-related.
- Document your symptoms. You should keep a journal comparing how you felt before and after the accident. Day-to-day changes can help show the extent of aggravation to your pre-existing condition.
- Let your lawyer handle all communications. If adjusters ask you about your medical history or to sign a medical records release, you should consult your lawyer. An attorney can handle all communications on your behalf.
If you were injured in a crash and the insurance company is scrutinizing your medical history, contact Selvidge Injury Law for a free consultation.
