Illinois Personal Injury Attorney

Can Pre-Existing Conditions Affect Your Injury Claim?

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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.

Have Any Questions?

We know that you have important questions when you’re looking for an attorney. We’re always here to answer questions. There’s no cost or obligation to talk to our legal team. Learn more about your case and our legal services. Please contact us!
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How do I know if I have a case?

The most basic grounds for a case are that you’re hurt and it’s someone else’s fault, legally. There are multiple legal standards that may apply.

Most cases are accidents. The party responsible doesn’t necessarily have to have hurt you on purpose. Simple negligence, which is just an unreasonable absence of care, can be enough for the victim to have the right to compensation. In other words, you might have a case, even if it was an accident.

Ask us for your personal consultation. We can learn about what happened in your case and explain how the law may apply.

How will the value of my case be determined?

The purpose of a personal injury case is to compensate you fairly for the losses that you have suffered. That includes financial losses, plus the physical and emotional suffering that goes along with injuries. The question to answer is – What has the personal injury cost you, financially and personally?

There are other factors that may impact the value of a case. Comparative negligence may apply, for example. Punitive damages may be awarded, subject to statutory limitations and requirements for pretrial motion and hearing to amend the complaint. The legal strength of the case may also impact its value.

At your consultation, we look at your specific case and explain how the value of your case may be determined.

Will I have to go to court for my personal injury case?

Most Personal Injury cases don’t go to court, but we’re always ready just in case. In fact, aggressively preparing your case can be exactly what’s needed to reach a fair settlement. We’re always ready to pursue your interests as long as necessary for you to get justice.

It’s normal to be nervous about court. Many people ask us if their case will go to court, hoping that the answer is no. Rest assured that you’re hiring us to represent you. We’ll speak for you to the court. If it’s your turn to testify, we’ll make sure that you’re fully prepared and that you know what to expect.

As your legal representative, Michael L. Lichner works to understand your goals for litigation. He’ll discuss the pros and cons of going to court and help you make the right decisions for your case.

What types of damages can I recover in a personal injury lawsuit?

In a personal injury lawsuit, you can recover damages for the losses you have – financially and personally. You’ll have direct financial losses which may include medical bills, physical therapy, lost wages, and damaged property. You can put in a claim for these expenses.

In addition, when you have a personal injury, you suffer in a lot of ways that can’t be measured directly. For example, you will have physical pain. Injuries may cause mental injury and emotional anguish. Your lifestyle may change. These are real losses, too.

How can I have attorney Michael J. Lichner represent me?

If you’re interested in hiring Michael J. Lichner, contact us. Call or message us, and we’ll take it from there. We offer free consultations and no fee unless we win.

We’ll start with a consultation, answer your questions, and explain how representation works. When you pick us as your representation we’ll get right to work!

Don’t wait, contact us today!

Call 815-258-7877

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