Many of us have medical conditions or previous injuries that we manage day to day. Medication and rest are often enough to get us through the work week, but when an accident strikes, you can suffer even more serious bodily injuries. What happens now?
Michael J Lichner has spent decades representing accident victims who struggle with bodily injuries and pain. Unfortunately, the insurance company on the other side of your case will probably jump on any pre-existing condition or injury and claim it is the real source of your pain. They can deny your injury claim and force you to litigate to get the compensation you deserve. Call our office to schedule a consultation with a Joliet personal injury lawyer about a personal injury claim with a pre-existing condition.
The Defendant is Still Liable: The Eggshell Plaintiff Rule
Illinois recognizes the “eggshell” plaintiff rule. Someone with a pre-existing condition is more vulnerable—like an eggshell—and they crack under even the slightest trauma. Nonetheless, Illinois law holds the defendant liable for all damages, even where the victim has a pre-existing condition.
Some medical conditions make people more susceptible to injury:
- Osteopenia or osteoporosis. These conditions cause bones to become brittle, often from age. Someone with osteoporosis could suffer a fractured hip or spine in a fall, whereas a younger victim would not.
- Prior concussion. It is no secret that concussions are major injuries. But if a victim has suffered a prior concussion, then they might struggle with Second Impact Syndrome. Their brain can swell dramatically and possibly die as a result.
- Heart disease. Any type of accident is stressful, but someone with heart disease might immediately go into cardiac arrest after an accident.
- Arthritis. Someone who suffers from arthritis is more at risk of suffering permanent joint injuries in an accident. For example, jamming your elbow into the side of the car can make arthritis in the elbow much worse.
- Depression or anxiety. Bodily injuries suffered in an accident can impair a person’s mental health, especially if they are housebound. But many people are struggling even before then, and an accident has an even more powerful effect on their mood.
How a Pre-Existing Injury or Medical Condition Affects Your Case
Despite the clarity of the eggshell plaintiff rule, many insurance companies will seize on your medical history and argue that you don’t deserve compensation. Instead, they’ll blame your injuries on a prior accident.
For example, you might have struck your knee on the dashboard in a car accident two years ago, resulting in a dislocated patella. Two years later, you are struck while crossing the road by a distracted driver, injuring the same leg.
The defendant’s insurer will point to the previous accident as the real source of your pain. Consequently, they will reduce any compensation they agree to pay or possibly deny any liability at all.
You Are Entitled to Compensation for Aggravated Injuries
Even if you suffered a pre-existing injury, you still deserve compensation whenever someone negligently injures you. They shouldn’t avoid payment because you suffer from a medical condition or were hurt previously.
You need a lawyer who understands pre-existing injury settlements. If an accident causes a pre-existing injury to flare up and get worse, then you deserve compensation for the increase in pain, disability, and mental distress. The defendant needs to compensate you for how they have worsened your condition.
They should pay for:
- Additional medical care
- Any further job loss, wage loss, or reduction in income
- Fixing or replacing whatever property they damaged, such as your car or motorcycle
- Increase in the bodily pain and emotional distress you experience after the accident
Michael J Lichner can work with medical experts to determine how much increase in suffering is due to the defendant and how much might be the result of your first accident. Let us leverage our experience to determine how much to seek for a pre-existing injury aggravated in a car accident.
Meeting Your Burden of Proof
As the injured victim, you must prove that the defendant is responsible for the aggravation of any pre-existing injury. That means working with an experienced medical doctor who can assess how the most recent accident has made your condition worse.
We will likely request your full medical history information, but we won’t just turn it over to the other side. Instead, we will pore over your medical history and try to understand whether a medical condition or injury limited you in the past.
Our firm can also help document spiking pain, medical bills, and economic loss. Our job is to strengthen your case so that we can successfully negotiate a settlement, which makes going to court unnecessary.
Avoiding Mistakes with a Personal Injury Claim with a Pre-Existing Condition
To help your claim, remember the following:
- Do not automatically hand over your full medical history. Insurance companies want to scrutinize your medical records, and they’ll request everything going back years. Although it’s important to be upfront and avoid lying, there is no reason to share sensitive, legally protected medical information unless it is necessary. Our law firm will only respond to legitimate requests for medical information.
- Avoid admitting to a prior accident or injury. Insurance companies like to call up accident victims and run through a list of topics. You shouldn’t answer their questions.
- Do not lie. Never lie about your history, either. Silence is golden. If you lie, the insurance company might use it against you to discredit your testimony. Let our office deal with pesky claims agents.
- Refrain from handling your own case. Some personal injury victims try to negotiate with the insurance companies, only to come away frustrated and with little to show for it. Instead, contact Michael J Lichner to discuss whether you have a solid legal claim. You should focus on rest and healing.
These steps improve the chances of an injured victim getting the compensation they deserve.
Speak with an Experienced Will County Personal Injury Attorney
Many accident victims receive compensation even if they have a pre-existing injury or medical condition. Negligent drivers and other defendants should pay compensation when they make your injuries worse. Michael J. Lichner can help you through this process to obtain the compensation you deserve. Call our office at 815-258-7877 to schedule a time to discuss the circumstances surrounding your injury.