If you’ve been injured in an accident and are pursuing a personal injury claim, you might wonder how your pre-existing medical conditions could affect your case. Insurance companies often scrutinize prior health issues in an attempt to minimize payouts. However, having a pre-existing condition doesn’t automatically disqualify you from receiving compensation.
What Is a Pre-Existing Condition?
A pre-existing condition refers to any medical issue or injury you had before the accident in question. Common examples include:
Back or neck problems
Arthritis
Prior fractures or injuries
Chronic conditions like asthma or heart disease
The “Eggshell Plaintiff” Rule
Under Illinois law, personal injury victims are protected by what’s known as the “Eggshell Plaintiff” doctrine. This legal principle means that a defendant must take the injured person as they find them—even if the person is more vulnerable to injury due to a pre-existing condition. In other words, if an accident aggravates a previous injury, the at-fault party may still be held liable for the worsening of that condition.
How Pre-Existing Conditions Are Considered in Injury Claims
While you can still pursue a claim, pre-existing conditions can complicate the process:
Insurance adjusters may argue that your current symptoms are solely due to your prior health issues.
You’ll need medical evidence showing how the accident specifically worsened or aggravated your condition.
Expert testimony may be required to distinguish between your previous baseline and your new level of injury.
Tips to Strengthen Your Claim with a Pre-Existing Condition
Be Honest About Your Medical History: Hiding or downplaying past conditions can damage your credibility.
Seek Prompt Medical Care: Detailed medical records linking the accident to your current symptoms are crucial.
Follow All Treatment Recommendations: Demonstrating commitment to your recovery strengthens your case.
Consult an Experienced Personal Injury Lawyer: A skilled attorney can help present your case effectively and counter any attempts to use your medical history against you.
Don’t Let a Pre-Existing Condition Stand in Your Way
At Kujawski & Associates, we understand how complex personal injury cases can become when pre-existing conditions are involved. Our team of experienced personal injury lawyers is here to help you fight for the compensation you deserve, even when the insurance company tries to shift the blame. Contact us today for a free consultation to discuss your case and learn how we can help protect your rights.
