If you have a pre-existing injury or a chronic medical condition, that does not mean a negligent party who makes your injury or condition worse isn’t legally responsible. However, if you are injured in an incident that occurred due to another party’s negligence, you should understand how pre-existing conditions can affect your personal injury claim. Proving the extent of the harm you suffered with a pre-existing condition is more challenging than proving that you’ve sustained a new injury, and that can change how your case is handled.
Denying a valid personal injury claim based on the plaintiff’s pre-existing condition is a favorite tactic of insurance companies. Most experienced Maine personal injury lawyers understand this and have strategies to counter these arguments. There are also specific rules that address personal injury cases involving pre-existing conditions.
How an injury can exacerbate pre-existing conditions
Your pre-existing medical condition may leave you medically fragile, or more likely to sustain a deeper degree of harm than someone who is otherwise healthy. Take head trauma for instance: someone who sustained a concussion, even years before, is far more likely to suffer significant brain damage with a second, third, or fourth concussion.
Having joint damage or a spinal condition also leaves a victim more likely to suffer a disabling injury in a traumatic event. In a car accident, a new impact could cause significant damage to compromised joints or spinal discs that someone without that type of underlying condition wouldn’t otherwise experience.
These are just a couple of examples. Everyone has a different medical baseline and some conditions make people more vulnerable to serious injury. In some cases, symptoms may be delayed, especially when the injury aggravates a pre-existing condition rather than causing a completely new injury. In these situations, it is even more important to seek immediate medical care and the guidance of an experienced personal injury lawyer.
What are pre-existing conditions in personal injury cases?
“Pre-existing conditions” refer to any health issues you had before an incident. These can be chronic medical conditions, previous injuries, or even recent surgeries that may make you more vulnerable to serious harm if you suffer a traumatic event like a crash or fall. Even the natural aging process makes an individual more susceptible to serious injury.
Having an old injury or a chronic illness doesn’t guarantee that you’ll suffer reinjury if you get into an accident. However, many injuries in personal injury claims involve traumatic impact, which can cause damage to the spine, joints, and soft tissues. Certain conditions can easily be aggravated in a traffic collision. Some examples are :
- Herniated discs, sciatica, and other spinal cord injuries
- Arthritis and other joint conditions
Recent surgeries can affect how a new injury affects an individual. An injury at the surgical site can tear stitches, delay or hinder recovery or even make the need for a subsequent surgery more likely. People with “invisible disabilities,” like fibromyalgia, inflammation, and nerve damage, are also more vulnerable to an exacerbation of their condition by a new injury.
If your medical condition was manageable without treatment before the incident and it requires treatment after, or if your recovery was compromised, then you have grounds to file a personal injury claim for compensation.
Applying the Eggshell Skull Doctrine to personal injury claims
The Eggshell Skull Doctrine is a legal concept often employed by a plaintiff’s personal injury attorney. The principle states that the defendant’s (the at-fault party’s) liability is not limited because the plaintiff had a pre-existing condition that made them more vulnerable to injury. Per this doctrine, the plaintiff’s increased susceptibility to injury doesn’t negate the liability of the defendant if the defendant acted negligently or with disregard for the safety of others.
The idea is, if you are more vulnerable to injury because of your underlying medical condition (i.e. your skull is as fragile as an eggshell), the defendant is still responsible for the harm caused to you, not just the harm that would have been caused to a person without an eggshell-fragile skull.
Regardless of your pre-existing conditions, your personal injury lawyer still addresses the same two issues as any other personal injury claim:
- The defendant was negligent
- You wouldn’t have suffered the harm you did but for the negligence of the defendant
Your medical records and expert testimony from medical doctors play a critical role in showing the defendant’s insurance company, and potentially a jury, how your unique medical history played a factor in the harm you suffered. For example, an X-ray may show how an impact re-broke a healing bone, or a medical specialist may testify that toxic exposure aggravated your disease symptoms or caused a flare-up of your medical condition. Medical records can also be used to show what your medical baseline was and how the new injury changed your symptoms or treatment needs.
The difference between your underlying medical baseline and what you are now dealing with because of the new injury becomes the basis for your claim of damages. Despite a pre-existing condition, you are still entitled to compensation for all medical care made necessary to treat the aggravated injury, plus damages for the additional pain and suffering and diminished quality of life you are now experiencing.
Your next steps after an injury worsened your pre-existing condition
Personal injury claims involving pre-existing conditions are complex, but the law still holds negligent parties accountable for the harm they caused. You’re still entitled to compensation for medical setbacks, reduced quality of life, increased levels of pain and other aggravating factors.
At Shaheen & Gordon, we understand how discouraging and difficult an aggravating injury can be to someone who was otherwise recovering or dealing with an underlying medical condition. Even when an insurance company tries to downplay the effects a subsequent injury had on you, our team works to demonstrate the entirety of its impact on your life and fights to get you the compensation you deserve.
Have you suffered an aggravation of a pre-existing injury? We want to hear your story. Call Shaheen & Gordon at (800) 451-1002 for a free consultation.
