After an accident, insurance companies often scrutinize medical histories to reduce or deny claims. If you have a pre-existing condition, the defense may argue that your injury was not caused by the accident but was instead a prior health issue. However, pre-existing conditions do not disqualify you from receiving compensation. North Carolina law protects injury victims, and a skilled personal injury attorney can help ensure your rights are upheld.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Every personal injury case is unique, and the outcome depends on specific facts and circumstances. If you have been injured in an accident and have concerns about how a pre-existing condition may impact your claim, you should consult with a qualified personal injury attorney.
What Is a Pre-Existing Condition in a Personal Injury Case?
A pre-existing condition is any medical issue or injury that existed before the accident occurred. Common examples include:
- Degenerative disc disease
- Previous fractures or joint injuries
- Arthritis
- Back and neck problems
- Prior concussions or head trauma
- Chronic pain conditions
While insurance companies may attempt to use these conditions to downplay your claim, legal protections exist for accident victims who experience worsening of a pre-existing condition due to a new injury. We have a number of articles providing examples of the tactics insurance companies might use to minimize or even avoid a payout on your claim, some of which are linked to here (open in new window):
- The Five Hidden Tactics Insurance Companies Use to Reduce Your Claim
- Signs An Insurance Company Is Trying To Underpay Your Car Accident Claim
- Has My Insurance Company Acted In Bad Faith?
- Video: How to Handle Lowball Offers in Personal Injury Claims.
The “Eggshell Plaintiff” Doctrine
Under the eggshell plaintiff rule, a defendant is responsible for all damages caused by their negligence, even if the victim was more vulnerable due to a pre-existing condition. In other words, you take the victim as you find them—meaning the at-fault party cannot escape liability just because you were already injured.
Example: If you had a previous back injury that was manageable, but a car accident caused it to become severely debilitating, the at-fault driver is still responsible for the additional harm caused.
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance companies are profit-driven and will look for any way to minimize payouts. They may try to:
- Claim your injury was not caused by the accident
- Argue that you had prior pain and should not receive additional compensation
- Use medical records to suggest your condition was worsening before the accident
- Pressure you into an unfair settlement by disputing the severity of your new injuries
Proving That an Accident Worsened a Pre-Existing Condition
To successfully claim compensation, you must demonstrate that the accident made your condition worse. This can be done by:
- Obtaining medical records before and after the accident to show the change in your condition
- Getting a doctor’s expert opinion stating that your injury was aggravated by the accident
- Providing pain and treatment progression records
- Gathering testimony from family, friends, or co-workers about changes in your physical abilities
When to Seek Legal Help
Because pre-existing conditions complicate personal injury claims, working with an experienced attorney is critical. A lawyer can:
- Counteract insurance company tactics aimed at reducing your compensation
- Gather and present medical evidence to show worsening of a condition
- Work with medical experts to strengthen your case
- Negotiate for the full compensation you deserve
Frequently Asked Questions
1. Can I file a claim if I had a prior injury?
Yes. You are entitled to compensation for any new injuries or worsening of pre-existing conditions caused by the accident.
2. Do I have to disclose my medical history?
Yes, but only relevant medical records. Your attorney can help ensure insurance companies do not misuse your history to deny your claim.
3. How do I prove that the accident made my condition worse?
Medical documentation, doctor testimony, and comparative records before and after the accident can support your case.
4. What if my condition was already painful before the accident?
Even if you had prior pain, you can still claim compensation if the accident caused additional harm, new symptoms, or more severe pain.
5. Will the insurance company try to deny my claim?
Insurance companies may argue your injuries were pre-existing. A personal injury attorney can fight back and ensure you receive fair compensation.
Helpful Resources
Contact Kellum Law Firm for Legal Assistance
If you’ve been injured in an accident and are facing challenges due to pre-existing conditions, don’t let the insurance company take advantage of you. At Kellum Law Firm, we have decades of experience helping clients in New Bern, Raleigh, and across North Carolina fight for the compensation they deserve. Contact our team today for a free consultation – “We’re With You All The Way”
