Getting hurt in an accident is hard enough, and it can be even more stressful if you already had a health problem before it happened. Many people worry that a pre-existing condition will stop them from getting fair compensation, but that’s not true.
Having a medical issue before your accident doesn’t mean you can’t file a claim. What matters most is how the accident affected your condition. If your pre-existing injury got worse or developed new complications, you may still be able to recover money for the extra harm you suffered. The goal of an injury claim is to help make you “whole” again by covering the medical treatment, pain, and challenges that came from the accident itself.
Insurance companies often try to say your pain or limits were already there before the accident. That’s why it’s so important to have strong medical records and honest communication with your healthcare providers. Your doctor can help demonstrate how your condition has changed since you were hurt, which strengthens your claim. For example, if you had back pain before but now can’t lift or sit for long periods after the accident, medical notes can clearly connect that worsening to the incident.
Understanding How the Law Protects You
The law also includes a concept known as the “eggshell plaintiff” rule. This means the person who caused your injury must take you as you are. Even if your health made you more likely to be hurt, they are still responsible for the damage their actions caused. In other words, a person who injures someone with a pre-existing condition can’t escape responsibility just because their victim was more fragile or had past health issues.
If you’re in this situation, here are a few things you should keep in mind:
- Be honest about your medical history. Tell your doctor and your lawyer about your past health issues so they can clearly show what changed after the accident. Hiding or leaving out information can make it harder to prove your case later.
- See a doctor right away. Getting quick medical care shows that your current pain or injury is from the accident, not something from the past. It’s an important step to ensure your situation is clear and you receive the help you need. Follow all treatment plans and attend your appointments, as it helps create a clear record of your recovery.
- Keep your records organized. Save copies of your medical reports, bills, doctor’s notes, and even any photos or journals that track your symptoms. These can be very helpful if questions come up later.
- Work with an experienced lawyer. A good injury lawyer can gather evidence, talk to medical experts, and deal with the insurance company on your behalf. They can also explain how your pre-existing condition fits into your claim and help you pursue fair compensation.
It’s important to remember that having a pre-existing condition doesn’t make your pain or your claim any less real. Many people with past injuries or chronic health problems find that an accident can cause serious setbacks. The law recognizes this and allows you to seek compensation for how the accident made things worse.
We know how tough these situations are. At Skinner Accident & Injury Lawyers, we’re here to make things easier. The right team makes all the difference, and we’re ready to help you every step of the way. Whether you’re in West Virginia, Virginia, Maryland, or Washington, D.C., you can count on us for support.
With honest communication, good documentation, and the right legal support, you can build a strong case that reflects your situation. Your health and your story matter, and you deserve every chance to recover and move forward.