If you were injured in an accident caused by someone else and have pre-existing injuries, you may be worried that the insurance company will deny your claim. You may even feel tempted to hide pre-existing conditions from the insurance company. While insurance companies may try to challenge claims involving pre-existing injuries, disclosing accurate and complete medical information is essential to building a solid case in your favor.
Individuals with pre-existing conditions have the same legal rights to file personal injury claims as everyone else. An experienced attorney can manage the complexities of your case and ensure the insurance company gets a clear picture of how your pre-existing conditions were worsened by your accident.
Can I Get Compensation If an Accident Aggravates a Pre-existing Injury?
You may be owed compensation if an accident someone else caused aggravates a pre-existing condition. Following precedent from previous court cases, the at-fault party is financially responsible for any harm caused by their negligence.
For example, suppose you had a previous knee injury that mostly healed but occasionally caused pain. Recently, you slipped and fell on the wet floor of a grocery store. The fall aggravated your knee injury enough to require surgery. Even though you had an existing knee injury, you would not have needed surgery if you had not fallen in the store. In this case, the store may be liable for your aggravated injury.
What Are Some Examples of Pre-Existing Injuries?
Many types of pre-existing injuries or other health conditions can become worse or lead to additional injuries in an accident, including:
- Heart disease
- Muscle issues
- Hypertension
- Diabetes
- Previous accident injuries
- Arthritis
- Osteoporosis
- Back or neck injuries
- Previous surgeries or medical procedures
- Pregnancy
- Mental health conditions, such as anxiety or depression
Should I Disclose My Pre-Existing Injuries If I Am Hurt in an Accident?
You may feel tempted to hide pre-existing conditions from the insurance company, fearing they will deny your claim. Misrepresenting or withholding information can be seen as insurance fraud and will only hurt your claim. However, claims can become quite complicated when a pre-existing injury is involved. An experienced attorney can help you share your experience with the insurance companies and protect your right to compensation.
How Can You Prove an Accident Worsened My Pre-Existing Injuries?
Our attorneys can carefully analyze the circumstances surrounding the accident, the extent of your injuries, and the impact those injuries have on your life to build a strong case in your favor. Some sources we may look at to gather evidence include:
- Medical records
- Objective diagnostic tests, such as X-rays, MRIs, CT scans, and other tests showing clear visual evidence of the progression of your injury
- Statements from expert witnesses
- A journal of your daily symptoms and pain levels
- Records from your employer, if your ability to perform specific work-related tasks has changed or you have had to miss any work due to the new injury
- Witness statements highlighting impacts on your daily life, such as new difficulty performing personal care tasks, caring for children or others, driving, and engaging in recreational activities or hobbies
With the appropriate information, we can demonstrate your physical abilities and pain levels before the accident and how they have changed.
What Are My Rights If I Have Pre-Existing Injuries?
The law prohibits insurance companies from denying your claim based on the fact that you have pre-existing conditions. Your rights to compensation are the same as someone who does not have pre-existing injuries.
Hiring an experienced attorney is crucial to protect your rights and build a strong case. Even though your right to compensation is protected by law, insurance companies may try to find other ways to decrease your compensation, such as arguing that there isn’t enough proof that your condition has worsened. And if they can prove that you were partially or fully responsible for the accident in the first place, your compensation could be reduced or denied altogether – regardless of pre-existing conditions.
What Is the Eggshell Rule?
Imagine two hypothetical crash victims. One has an average skull, but the other victim’s skull is fragile due to pre-existing health conditions. In an accident, the “eggshell-skulled” individual would likely suffer more severe injuries than the average person from a similar accident. The eggshell skull rule is a legal doctrine requiring the at-fault party to pay for the damage the victim suffered, even though it is more than the average person would likely have suffered.
What Are Some Damages That Can Be Recovered in a Personal Injury Lawsuit?
Some common types of compensation you could pursue for aggravated pre-existing injuries in a personal injury lawsuit include:
- Current and future medical bills
- Long-term care and rehabilitation
- Loss of wages
- Loss of future earning potential
- Pain and suffering
- Lower quality of life
- Physical disfigurement and impairment
What Is South Carolina’s Statute of Limitations for Filing a Personal Injury Claim?
South Carolina law requires plaintiffs to file a lawsuit against the at-fault party within three years of the accident date. Engaging a lawyer as soon as possible can help you avoid any unforeseen delays. Your lawyer will also need enough time to gather all necessary evidence to prove the at-fault party is responsible for aggravating your pre-existing injuries.
Contact a South Carolina Personal Injury Lawyer
Individuals with pre-existing conditions have the same legal rights as anyone else to pursue a personal injury claim. At McKinney, Tucker & Lemel LLC, we understand the complexities of personal injury cases involving pre-existing conditions. Our experienced attorneys can use all possible sources of evidence to demonstrate the link between the accident and the worsening of your condition.
We’re committed to protecting your rights and fighting for the compensation you deserve. We have over four decades of experience representing other people injured by the wrongdoing of others. You can count on us as your advocates, too. Contact us today for a consultation.
