Female Motorist With Whiplash Injury In Car Crash

How Do Pre-Existing Medical Conditions Affect a Personal Injury Claim?

Oleen Law Firm May 5, 2023

Being in an accident can be a traumatic event. While injuries are often a part of life, there are situations where others are responsible for the harm caused. When that is the case, it is essential to know your rights. However, many people have existing health issues before an accident occurs. Perhaps you are wondering if you file a personal injury claim if you have a pre-existing medical condition. The good news is in many circumstances, you can   

When you are injured, there are many factors to consider when awarding compensation. Sadly, the rules can often be complex, and many people feel that they do not have a case. Many suffer in silence, without even consulting an attorney for advice. If there’s a pre-existing medical condition present, bringing a personal injury claim can be even more daunting. 

At Oleen Law Firm, we understand the complexity of such cases. With our knowledge of personal injury law, we will aggressively fight for the compensation that you deserve. If you have been injured and want the facts of your case looked at, do not hesitate to contact us. We will help you file an insurance claim and assert your legal rights. Our team serves clients in Manhattan, Junction City, and throughout Kansas. 

What Are Pre-Exisiting Medical Conditions?  

A Pre-existing condition is an illness you already had before the incident took place. It can be any health issue. Common pre-existing conditions include migraines or chronic back pain. Cancer, diabetes, and epilepsy also fall into this group. When determining if you have a pre-existing condition, it is vital to speak with a healthcare professional who can diagnose the issues you are experiencing. It can later be used as evidence in your case.  

How Does a Pre-Exisiting Condition Affect a Personal Injury Claim?  

When making a personal injury claim after an accident, it is important to know that any money you receive will not include compensation for any medical issues, injuries, or conditions that were present before the accident took place.   

The at-fault party can be financially liable for any negligence or wrongful conduct on their part that made your pre-existing condition worse, however. While this may sound simple, these types of cases are often difficult because of the complexity of the human body as well as proving causation in some cases.   

If you have a pre-existing condition, and if the accident made it worse, then you will have to prove that it is more severe due to the accident. For example, if you had migraines before the accident took place, you will have to prove that the accident made your migraines worse. This can be difficult to prove. If you did not have migraines before the accident but have migraines after, it is easier for the personal injury attorney to prove that the accident was the cause of the migraines.   

What Is an Eggshell Plaintiff?  

Sometimes a person is susceptible to injury due to a condition or weakness that existed before the accident. As a result, the accident results in a more severe injury than would have been expected. The eggshell skull rule protects a person who had a fragile condition that made them extra susceptible to harm.   

In order to receive damages from the at-fault party under the eggshell plaintiff rule, you have to prove the injuries made your condition worse. In such cases, the at-fault party must provide damages for the injured party to the position they were in before the accident. However, it is crucial to note that the at-fault party is not required to provide damages if your condition does not worsen. 

Turn to Oleen Law Firm for Guidance   

If you have been in an accident, and whether you have a pre-existing medical condition, our team at Oleen Law Firm will fight for you. When making a personal injury claim, it is critical to have an experienced personal injury attorney at your side. Here at Oleen Law Firm, we aim to help make you whole after an accident. If you are located in Manhattan, Junction City, or elsewhere in Kansas, give us a call right away to set up a consultation