Does a Pre-Existing Injury Affect Your Personal Injury Claim?

Pre-Existing Injuries in Personal Injury Cases

Pre-existing conditions and pre-existing injuries can have an affect on your personal injury case; however, there are ways to ensure you get the compensation you deserve, even if your pre-existing injury is similar to the injury you suffer after an accident.

Some pre-existing injuries that could affect your personal injury claim can include previous neck injuries, recent surgeries, fractures, torn ligaments, spinal degeneration, and arthritis.

In The Article

How Does a Pre-Existing Injury Affect a Personal Injury Claim?

Pre-existing conditions and injuries can affect personal injury claims because they could potentially make it more difficult for the plaintiff or injured party to prove that the negligence of another caused the injury. Additionally, the defendant and/or the defendant’s insurance company could argue that the injury, pain and suffering, or losses aren’t a direct result of the negligence.

However, the “eggshell skull” rule “is a common law doctrine that holds a defendant liable for the full extent of a plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligence or intentional tort.” This means, despite the fact that an injury victim may be in a fragile state or be more susceptible to injury, that victim still has the right to file a claim against persons or corporations whose negligence caused harm. This holds true, even if any other individual wouldn’t have suffered the same injuries or losses than anyone else in the same situation.

How Does Aggravation Differ from Injury?

Aggravation of an injury is making that injury worse or cause more pain, harm, or disabling effects. An injury, on the other hand, is a new ailment that leads to losses. In personal injury cases that involve a pre-existing injury, victims can argue that the negligence of another caused a pre-existing injury to be aggravated. However, even if someone has a pre-existing injury, new injuries can also be documented.

For example, if someone with a pre-existing spinal injury gets into a car accident and medical tests show that victim has a broken arm and their spinal injury is worse than before, the broken arm is a new injury whereas the exacerbated spinal injury may be considered aggravation of a pre-existing injury. In a personal injury claim, victims are able to seek recovery for both types of injury; however, it may be more difficult to prove that the aggravated injury was caused directly by the car accident.

How to Prove an Event Aggravated a Pre-Existing Injury

Proving a pre-existing injury was aggravated due to someone else’s negligence can be difficult. However, if you were consistent with follow-up appointments with your original injury, your medical records can help you prove that your injury was aggravated or exacerbated due to someone else’s negligence.

For example, if you had a previous ligament surgery, notes from your doctor appointments and follow up appointments can help prove that your injury was aggravated by a new event. If you see the same doctor after the aggravation of the injury, you can ask them to specifically detail what changed internally to add evidence to your claim.

Can Insurance Companies Deny Injury Claims Due to Pre-Existing Injury?

They can try. Insurance companies use tactics to deny or delay claims as much as possible. They work hard to find any reason not to pay injury victims. That’s why it’s so important to have a personal injury lawyer on your side. If you have a pre-existing injury, and the defendant’s insurance company finds out about it, they may try to deny your claim or give you an even lower offer than they would have if you didn’t have a pre-existing injury.

If you had a pre-existing injury before you were injured by someone else’s negligence, it is on YOU to prove that the negligence led to your current losses. Having a personal injury attorney on your side can help you protect your rights as an injury victim and prove these losses.

The experienced injury attorneys at Ron Bell Injury Lawyers know that insurance companies will try anything to save money, and that includes denying claims. Our team is ready to sort through evidence and medical records to ensure you get the compensation you deserve, even if you have a pre-existing injury. Contact us today for your free case evaluation: 898-BELL.